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California Department of Justice

Law Enforcement
Policy & Procedures
Manual
March 2015

Kamala D. Harris
Attorney General
California Department of Justice

Law Enforcement

Policy & Procedures Manual

March 2015
TABLE OF CONTENTS

100 Law Enforcement Authority ..............................................................................................1

100.1 PURPOSE AND SCOPE .............................................................................................. 1

100.2 PEACE OFFICER POWERS ........................................................................................ 1

100.2.1 OTHER AUTHORITY ................................................................................................ 1

100.3 CONSTITUTIONAL REQUIREMENTS ......................................................................... 2

102 Director ...............................................................................................................................3

102.1 PURPOSE AND SCOPE .............................................................................................. 3

102.1.1 DIRECTOR REQUIREMENTS .................................................................................. 3

106 Policy Manual .....................................................................................................................4

106.1 PURPOSE AND SCOPE .............................................................................................. 4

106.2 RESPONSIBILITIES..................................................................................................... 4

106.2.1 DIRECTOR................................................................................................................ 4

106.2.2 STAFF ....................................................................................................................... 4

106.2.3 OTHER PERSONNEL ............................................................................................... 5

106.3 FORMATTING CONVENTIONS FOR THE POLICY MANUAL ..................................... 5

106.3.1 ACCEPTABLE ABBREVIATIONS ............................................................................. 5

106.3.2 DEFINITIONS............................................................................................................ 7

106.3.3 DISTRIBUTION OF MANUAL.................................................................................... 9

106.4 MANUAL ACCEPTANCE ............................................................................................. 9

106.4.1 REVISIONS TO POLICIES........................................................................................ 9

106.5 Not subject to disclosure due to agent safety concerns ................................................ 9

106.5.1 Not subject to disclosure due to agent safety concerns ............................................10

106.5.2 Not subject to disclosure due to agent safety concerns ............................................11

106.5.3 CALIFORNIA PEACE OFFICERS LEGAL SOURCEBOOK......................................11

106.5.4 BFS QUALITY MANAGEMENT SYSTEM.................................................................12

200 Organizational Structure and Authority .........................................................................13

200.1 PURPOSE AND SCOPE .............................................................................................13

200.1.1 AUTHORITY.............................................................................................................13

200.2 ORGANIZATION .........................................................................................................13

200.2.1 Not subject to disclosure due to agent safety concerns ............................................13

200.2.2 BUREAU OF FIREARMS .........................................................................................14

200.2.3 BUREAU OF FORENSIC SERVICES.......................................................................14

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200.2.4 BUREAU OF GAMBLING CONTROL.......................................................................14

200.2.5 BUREAU OF INVESTIGATION ................................................................................14

200.3 COMMAND PROTOCOL.............................................................................................14

200.3.1 SUCCESSION OF COMMAND ................................................................................14

200.3.2 UNITY OF COMMAND .............................................................................................15

200.3.3 ORDERS ..................................................................................................................16

204 General Orders.................................................................................................................17

204.1 PURPOSE AND SCOPE .............................................................................................17

204.1.1 GENERAL ORDER PROTOCOL..............................................................................17

204.2 RESPONSIBILITIES....................................................................................................17

204.2.1 STAFF ......................................................................................................................17

204.2.2 DIRECTOR...............................................................................................................17

204.3 ACCEPTANCE OF GENERAL ORDERS ....................................................................17

206 California Emergency Plan..............................................................................................18

206.1 PURPOSE AND SCOPE .............................................................................................18

206.2 ACTIVATING THE EMERGENCY PLAN .....................................................................18

206.3 LOCATION OF MANUALS ..........................................................................................18

208 Training Policy .................................................................................................................19

208.1 PURPOSE AND SCOPE .............................................................................................19

208.2 PHILOSOPHY .............................................................................................................19

208.3 OBJECTIVES ..............................................................................................................19

208.7 TRAINING PROCEDURES .........................................................................................19

208.9 RESPONSIBILITIES....................................................................................................20

211 Publishing Division Web Pages ......................................................................................21

211.1 PURPOSE AND SCOPE .............................................................................................21

211.2 RESPONSIBILITIES....................................................................................................21

211.3 PROCEDURES ...........................................................................................................21

214 Administrative Communications ....................................................................................22

214.1 PURPOSE AND SCOPE .............................................................................................22

214.5 SIGNATURE AUTHORITY ..........................................................................................22

220 Retired Agent CCW Endorsements.................................................................................23

220.1 PURPOSE AND SCOPE .............................................................................................23

220.2 QUALIFIED RETIREES ...............................................................................................23

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220.3 MAINTAINING A CCW ENDORSEMENT ....................................................................23

220.4 CARRYING CONCEALED FIREARMS OUT OF STATE.............................................24

220.5 IDENTIFICATION CARD FORMAT .............................................................................24

220.6 DENIAL OR REVOCATION OF CCW ENDORSEMENT .............................................25

220.6.1 SAC RESPONSIBILITY ............................................................................................26

221 Peer Support Program .....................................................................................................28

221.1 PURPOSE AND SCOPE .............................................................................................28

221.2 PROGRAM ADMINISTRATION...................................................................................28

221.3 QUALIFICATIONS AND SELECTION - PEER SUPPORT COUNSELORS .................29

221.4 TRAINING ...................................................................................................................30

221.5 DEPLOYMENT............................................................................................................30

221.6 CRITICAL INCIDENT STRESS RESPONSE...............................................................30

221.7 CONFIDENTIALITY.....................................................................................................31

300 Use of Force .....................................................................................................................33

300.1 PURPOSE AND SCOPE .............................................................................................33

300.1.1 PHILOSOPHY ..........................................................................................................33

300.1.2 DUTY TO INTERCEDE ............................................................................................33

300.2 POLICY .......................................................................................................................33

300.2.1 USE OF FORCE TO EFFECT AN ARREST .............................................................34

300.2.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE ............34

300.2.3 NON-DEADLY FORCE APPLICATIONS ..................................................................35

300.2.4 PAIN COMPLIANCE TECHNIQUES.........................................................................35

300.3 DEADLY FORCE APPLICATIONS ..............................................................................36

300.3.1 CAROTID RESTRAINT ............................................................................................36

300.4 REPORTING THE USE OF FORCE............................................................................37

300.4.1 NOTIFICATION TO SUPERVISORS ........................................................................37

300.4.2 MEDICAL ATTENTION FOR INJURIES SUSTAINED USING FORCE ....................38

300.5 SUPERVISOR RESPONSIBILITY ...............................................................................38

302 Critical Incident/Shooting Review Board .......................................................................40

302.1 PURPOSE AND SCOPE .............................................................................................40

302.2 REVIEW BOARD.........................................................................................................40

302.2.1 COMPOSITION OF THE BOARD.............................................................................40

302.2.2 FINDINGS OF THE BOARD .....................................................................................41

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304 Shooting Policy................................................................................................................42

304.1 PURPOSE AND SCOPE .............................................................................................42

304.1.1 POLICY ....................................................................................................................42

304.1.2 WARNING SHOTS ...................................................................................................43

304.1.3 MOVING VEHICLES ................................................................................................43

304.1.4 REPORT OF WEAPON DISCHARGE ......................................................................43

308 Control Devices and Techniques....................................................................................44

308.1 PURPOSE AND SCOPE .............................................................................................44

308.1.1 WHEN DEVICES MAY BE USED .............................................................................44

308.1.2 REVIEW, INSPECTION AND APPROVAL ...............................................................44

308.1.3 TRAINING FOR CONTROL DEVICES .....................................................................44

308.1.4 DEFINITIONS...........................................................................................................45

308.2 BATON/ASP GUIDELINES..........................................................................................45

308.3 TEAR GAS GUIDELINES ............................................................................................46

308.4 CHEMICAL AGENT GUIDELINES ..............................................................................46

308.4.1 DEPLOYMENT OF CHEMICAL AGENTS ................................................................46

308.4.2 CARRYING OF OLEORESIN CAPSICUM SPRAY...................................................47

308.4.3 PEPPER PROJECTILE SYSTEMS ..........................................................................48

308.4.4 TREATMENT FOR CHEMICAL AGENT EXPOSURE ..............................................48

308.5 KINETIC ENERGY PROJECTILES .............................................................................48

308.5.1 DEPLOYMENT OF KINETIC ENERGY PROJECTILES ...........................................49

308.5.2 EXAMPLES OF CIRCUMSTANCES APPROPRIATE FOR DEPLOYMENT.............49

308.5.3 DEPLOYMENT CONSIDERATIONS ........................................................................49

308.5.4 DEPLOYMENT DISTANCES....................................................................................50

308.5.5 SHOT PLACEMENT .................................................................................................50

308.5.6 APPROVED MUNITIONS.........................................................................................50

308.5.8 LOADING PROCEDURES .......................................................................................51

308.6 RESPONSIBILITIES....................................................................................................51

308.6.1 SAC RESPONSIBILITIES.........................................................................................51

308.6.2 FIREARMS OFFICER RESPONSIBILITIES .............................................................51

308.6.3 MAINTENANCE RESPONSIBILITY..........................................................................51

308.6.4 LESS LETHAL MUNITIONS LOG RESPONSIBILITY...............................................51

308.7 DISTRACTION DEVICES............................................................................................52

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308.7.1 PROHIBITIONS ........................................................................................................52

308.8 REPORTING USE OF CONTROL DEVICES ..............................................................52

308.9 STORAGE, HANDLING AND TRANSPORTATION.....................................................53

309 TASER Guidelines ........................................................................................................54

309.1 PURPOSE AND SCOPE .............................................................................................54

309.2 POLICY .......................................................................................................................54

309.2.1 ASSIGNMENT OF TASERS .....................................................................................54

309.2.2 REPLACEMENT CARTRIDGES...............................................................................55

309.3 VERBAL AND VISUAL WARNINGS............................................................................55

309.4 USE OF THE TASER ..................................................................................................55

309.4.1 FACTORS TO DETERMINE REASONABLENESS OF FORCE ...............................55

309.4.2 APPLICATION OF THE TASER ...............................................................................56

309.4.3 SPECIAL DEPLOYMENT CONSIDERATIONS ........................................................57

309.4.4 TARGETING CONSIDERATIONS............................................................................57

309.4.5 MULTIPLE APPLICATIONS OF THE TASER...........................................................58

309.4.6 REPORT OF USE ....................................................................................................58

309.5 MEDICAL TREATMENT ..............................................................................................58

309.6 TRAINING ...................................................................................................................59

312 Firearms............................................................................................................................61

312.1 PURPOSE AND SCOPE .............................................................................................61

312.2 AUTHORIZED WEAPONS ..........................................................................................61

312.2.1 DUTY WEAPONS.....................................................................................................61

312.2.2 AUTHORIZED SECONDARY WEAPONS ................................................................61

312.2.3 AUTHORIZED OFF-DUTY WEAPONS ....................................................................62

312.2.4 AMMUNITION ..........................................................................................................63

312.2.5 ALCOHOL & DRUGS ...............................................................................................64

312.2.6 TACTICAL LIGHTS ..................................................................................................64

312.2.7 Not subject to disclosure due to agent safety concerns ............................................64

312.2.8 PERSONALLY-OWNED WEAPONS ........................................................................66

312.3 SAFE HANDLING OF FIREARMS...............................................................................67

312.3.1 SAFETY CONSIDERATIONS...................................................................................67

312.3.2 STORAGE OF FIREARMS AT HOME......................................................................68

312.3.3 STORAGE OF FIREARMS IN VEHICLES ................................................................69

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312.4 FIREARMS QUALIFICATIONS AND TRAINING .........................................................70

312.4.1 NON-QUALIFICATION .............................................................................................71

312.5 FIREARMS OFFICER DUTIES....................................................................................72

312.5.1 REGIONAL OFFICE RANGEMASTER DUTIES .......................................................72

312.6 MAINTENANCE AND REPAIR ....................................................................................73

312.6.1 REPAIR OR MODIFICATIONS OF DUTY WEAPONS .............................................73

312.7 Not subject to disclosure due to agent safety concerns ...............................................73

312.8 CARRYING FIREARMS OUT OF STATE....................................................................75

312.9 LOAN OF FIREARMS .................................................................................................75

312.10 ACQUISITION OF FIREARMS ..................................................................................75

312.10.1 LETTERHEAD PURCHASES .................................................................................76

312.10.2 DEPARTMENT-ISSUED WEAPON PURCHASES .................................................76

312.10.3 AMMUNITION PURCHASES..................................................................................77

312.10.4 Not subject to disclosure due to agent safety concerns...........................................78

313 Vehicle Stops ...................................................................................................................79

313.1 PURPOSE AND SCOPE .............................................................................................79

313.2 FELONY VEHICLE STOPS .........................................................................................79

313.3 NON-FELONY TRAFFIC STOPS ................................................................................79

314 Vehicle Pursuits ...............................................................................................................81

314.1 PURPOSE AND SCOPE .............................................................................................81

314.1.1 VEHICLE PURSUIT DEFINED .................................................................................81

314.2 AGENT RESPONSIBILITIES.......................................................................................81

314.2.1 WHEN TO INITIATE A PURSUIT .............................................................................82

314.2.2 WHEN TO TERMINATE A PURSUIT .......................................................................83

314.2.3 SPEED LIMITS.........................................................................................................83

314.3 PURSUIT UNITS .........................................................................................................84

314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT.................................................84

314.3.3 PRIMARY UNIT RESPONSIBILITIES.......................................................................84

314.3.4 SECONDARY UNIT(S) RESPONSIBILITIES............................................................85

314.3.5 PURSUIT DRIVING TACTICS ..................................................................................85

314.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT ............86

314.3.7 PURSUIT TRAILING ................................................................................................86

314.3.8 AIRCRAFT ASSISTANCE ........................................................................................87

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314.4 SUPERVISORY CONTROL AND RESPONSIBILITY ..................................................87

314.4.1 SAC RESPONSIBILITY ............................................................................................88

314.5 COMMUNICATIONS ...................................................................................................88

314.5.1 BASE STATION RESPONSIBILITIES ......................................................................88

314.5.2 LOSS OF PURSUED VEHICLE................................................................................89

314.6 INTER-JURISDICTIONAL CONSIDERATIONS...........................................................89

314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY............................................89

314.7 PURSUIT INTERVENTION .........................................................................................90

314.7.2 DEFINITIONS...........................................................................................................90

314.7.3 USE OF FIREARMS .................................................................................................90

314.7.5 CAPTURE OF SUSPECTS ......................................................................................91

314.8 REPORTING REQUIREMENTS..................................................................................91

314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING ...................................................92

314.8.2 POLICY REVIEW .....................................................................................................92

314.9 APPLICATION OF MOTOR VEHICLE PURSUIT POLICY ..........................................92

315 Daily Reports....................................................................................................................93

315.1 PURPOSE AND SCOPE .............................................................................................93

315.2 EVENTS SUBJECT TO REPORTING .........................................................................93

319 Transporting Prisoners....................................................................................................95

319.1 PURPOSE AND SCOPE .............................................................................................95

319.2 TRANSPORTING PRISONERS IN VEHICLES ...........................................................95

319.3 ESCORTING PRISONERS ABOARD AIRCRAFT .......................................................95

320 Domestic Violence ...........................................................................................................98

320.1 PURPOSE AND SCOPE .............................................................................................98

320.1.1 DEFINITIONS...........................................................................................................98

322 Search & Seizure............................................................................................................100

322.1 PURPOSE AND SCOPE ...........................................................................................100

322.6 AFFIDAVITS..............................................................................................................100

322.7 SEARCH WARRANT REVIEW..................................................................................100

322.7.1 LEGAL REVIEW EXEMPTIONS.............................................................................101

322.8 PRE-WARRANT SERVICE REVIEW ........................................................................101

322.9 CONSENT TO SEARCH ...........................................................................................102

324 Temporary Custody of Juveniles ..................................................................................103

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324.1 PURPOSE AND SCOPE ...........................................................................................103

324.2 AUTHORITY TO DETAIN ..........................................................................................103

324.2.1 CONSTITUTIONAL RIGHTS ADVISEMENT ..........................................................103

324.2.2 CHILDREN UNDER THE AGE OF 14 ....................................................................103

324.3 TEMPORARY CUSTODY..........................................................................................103

324.3.1 TEMPORARY CUSTODY REQUIREMENTS .........................................................104

324.3.2 NON-CONTACT REQUIREMENTS........................................................................105

324.4 TYPES OF CUSTODY ..............................................................................................105

324.4.1 NON-SECURE CUSTODY .....................................................................................105

324.4.2 SECURE CUSTODY ..............................................................................................105

324.4.3 SECURE DETENTION OF JUVENILES .................................................................107

324.4.5 JUVENILES PERSONAL PROPERTY...................................................................107

324.4.6 MONITORING OF JUVENILES ..............................................................................107

324.4.7 MANDATED JUVENILE PROVISIONS...................................................................108

324.4.8 FORMAL BOOKING ...............................................................................................108

324.4.9 DISPOSITIONS ......................................................................................................109

324.6 RELEASE OF INFORMATION CONCERNING JUVENILES .....................................110

324.6.1 RELEASE OF INFORMATION BY SUPERIOR COURT ORDER ...........................110

324.6.2 RELEASE OF INFORMATION TO OTHER AGENCIES .........................................110

324.7 ADDITIONAL CONSIDERATIONS PERTAINING TO JUVENILES............................110

324.7.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY ............................110

324.7.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY ........................................111

324.7.4 DISCIPLINE OF JUVENILES..................................................................................111

324.7.5 DEATH OF A JUVENILE WHILE DETAINED .........................................................111

324.7.7 PROTECTIVE CUSTODY ......................................................................................111

324.8 INTOXICATED AND SUBSTANCE ABUSING MINORS ...........................................112

326 Elder Abuse ....................................................................................................................114

326.1 PURPOSE AND SCOPE ...........................................................................................114

326.1.1 BMFEA ...................................................................................................................114

326.2 DEFINITIONS............................................................................................................114

326.3 MANDATORY REPORTING REQUIREMENTS ........................................................115

328 Discriminatory Harassment...........................................................................................116

328.1 PURPOSE AND SCOPE ...........................................................................................116

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328.2 POLICY .....................................................................................................................116

330 Child Abuse Reporting ..................................................................................................117

330.1 PURPOSE AND SCOPE ...........................................................................................117

330.2 DEFINITIONS............................................................................................................117

330.3 CHILD ABUSE REPORTING.....................................................................................117

330.3.3 CONTACTING SUSPECTED CHILD ABUSE VICTIMS..........................................118

330.3.4 RELEASE OF REPORTS .......................................................................................118

330.5 PHYSICAL EXAMINATIONS .....................................................................................118

330.6 TEMPORARY CUSTODY OF SUSPECTED CHILD ABUSE VICTIMS AND

SUSPECTED VICTIMS OF CHILD ABDUCTION ................................................................118

332 Missing Person Reporting.............................................................................................120

332.1 PURPOSE AND SCOPE ...........................................................................................120

332.1.1 DEFINITIONS.........................................................................................................120

332.4 ACCEPTANCE OF REPORTS ..................................................................................120

332.10 TRANSMITTING REPORTS TO OTHER AGENCIES .............................................121

334 AMBER Alerts.................................................................................................................122

334.1 PURPOSE AND SCOPE ...........................................................................................122

334.2 POLICY .....................................................................................................................122

334.4 ALERT RESPONSIBILITY.........................................................................................122

334.6 MUTUAL AID.............................................................................................................122

336 Victim and Witness Assistance.....................................................................................123

336.1 PURPOSE AND SCOPE ...........................................................................................123

336.2 POLICY .....................................................................................................................123

336.4 CRIME VICTIMS .......................................................................................................123

336.5 VICTIM INFORMATION ............................................................................................123

336.6 WITNESSES .............................................................................................................124

338 Hate Crimes ....................................................................................................................125

338.1 PURPOSE AND SCOPE ...........................................................................................125

338.2 DEFINITIONS............................................................................................................125

338.6 PROCEDURE FOR INVESTIGATING HATE CRIMES ..............................................126

338.6.1 BUREAU OF INVESTIGATION RESPONSIBILITY ................................................127

338.7 TRAINING .................................................................................................................127

342 Department Computer Use............................................................................................128

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342.1 PURPOSE AND SCOPE ...........................................................................................128

342.8 UNDERCOVER COMPUTER USE............................................................................128

342.9 Not subject to disclosure due to agent safety concerns .............................................129

344 Report Preparation.........................................................................................................130

344.1 PURPOSE AND SCOPE ...........................................................................................130

344.1.1 REPORT PREPARATION ......................................................................................130

344.2 REQUIRED REPORTING..........................................................................................130

344.2.1 REPORT FORMAT - DLE.......................................................................................132

344.2.2 REPORT FORMAT - BMFEA .................................................................................139

344.3 INVESTIGATION REPORT TYPES/REQUIREMENTS .............................................143

344.3.1 DLE REPORTS ......................................................................................................143

344.3.2 BMFEA REPORTS .................................................................................................148

344.4 DRUG VIOLATORS...................................................................................................151

344.5 INJURY OR DAMAGE BY STATE PERSONNEL ......................................................153

344.6 DISPOSITION FILE ...................................................................................................153

344.7 GENERAL POLICY OF EXPEDITIOUS REPORTING...............................................154

344.7.1 QUALITY OF REPORTS ........................................................................................154

344.7.2 FIELD NOTES ........................................................................................................154

344.8 REPORT REVIEW.....................................................................................................155

344.8.1 REPORT REVIEW - BMFEA ..................................................................................156

344.9 REPORT CORRECTIONS ........................................................................................157

344.9.1 REPORT CHANGES OR ALTERATIONS ..............................................................157

345 Gambling Investigations and Subpoena of Records ...................................................158

345.1 PURPOSE AND SCOPE ...........................................................................................158

345.2 POLICY .....................................................................................................................158

346 News Media Relations ...................................................................................................160

346.1 PURPOSE AND SCOPE ...........................................................................................160

346.2 RESPONSIBILITIES..................................................................................................160

346.2.1 MEDIA REQUEST ..................................................................................................160

346.2.2 MEDIA CONTACTS................................................................................................161

346.3 MEDIA ACCESS .......................................................................................................163

346.4 RELEASE OF INFORMATION ..................................................................................164

346.4.1 RESTRICTED INFORMATION ...............................................................................164

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346.4.2 RELEASE OF PHOTOGRAPHS.............................................................................165

348 Court Appearance and Subpoenas...............................................................................166

348.1 PURPOSE AND SCOPE ...........................................................................................166

348.1.1 DEFINITIONS.........................................................................................................166

348.2 COURT SUBPOENAS...............................................................................................166

348.2.1 SERVICE OF SUBPOENA .....................................................................................166

348.2.2 VALID SUBPOENAS ..............................................................................................167

348.2.3 ACCEPTANCE OF SUBPOENA.............................................................................167

348.2.4 REFUSAL OF SUBPOENA ....................................................................................167

348.2.5 COURT STANDBY .................................................................................................168

348.2.6 OFF-DUTY RELATED SUBPOENAS .....................................................................168

348.2.7 FAILURE TO APPEAR ...........................................................................................169

348.3 CIVIL SUBPOENAS ..................................................................................................169

348.3.1 PROCEDURE .........................................................................................................169

348.3.2 CIVIL SUBPOENA ACCEPTANCE.........................................................................169

348.3.3 PARTY MUST DEPOSIT FUNDS...........................................................................169

348.4 OVERTIME APPEARANCES ....................................................................................169

348.5 COURTROOM PROTOCOL......................................................................................170

348.5.1 PREPARATION FOR TESTIMONY ........................................................................170

348.6 COURTHOUSE DECORUM......................................................................................170

348.7 TESTIFYING AGAINST THE INTEREST OF THE PEOPLE OF THE STATE ...........170

352 Outside Agency Assistance ..........................................................................................171

352.1 PURPOSE AND SCOPE ...........................................................................................171

352.1.1 ASSISTING OUTSIDE AGENCIES.........................................................................171

352.1.2 REQUESTING ASSISTANCE FROM OUTSIDE AGENCIES .................................172

352.1.3 MILITARY ASSISTANCE REQUESTS ...................................................................172

352.2 CRITICAL EVENT RESPONSE PLAN.......................................................................172

352.2.1 INCIDENT COMMANDER ......................................................................................173

352.2.2 LEVELS OF RESPONSE .......................................................................................173

352.2.3 RESOURCE GUIDE ...............................................................................................174

352.2.4 AFTER-ACTION REPORT .....................................................................................174

354 Handcuff Policy..............................................................................................................175

354.1 PURPOSE AND SCOPE ...........................................................................................175

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354.2 HANDCUFFING POLICY...........................................................................................175

354.2.1 IMPROPER USE OF HANDCUFFS........................................................................175

354.2.2 JUVENILES ............................................................................................................175

354.2.3 HANDCUFFING OF DETAINEES...........................................................................176

354.2.4 HANDCUFFING OF PREGNANT ARRESTEES.....................................................176

354.3 ARREST PROCEDURE ............................................................................................176

356 Megans Law...................................................................................................................178

356.1 PURPOSE AND SCOPE ...........................................................................................178

356.2 DEPARTMENTAL DISSEMINATION OF INFORMATION .........................................178

356.2.1 LIMITATIONS ON EXTENDED RELEASE .............................................................178

356.3 RELEASE OF INFORMATION VIA THE INTERNET .................................................178

356.3.1 INFORMATION PROHIBITED FROM INTERNET RELEASE.................................179

356.3.2 INFORMATION PERMITTED FOR INTERNET RELEASE .....................................179

356.4 PUBLIC INQUIRIES ..................................................................................................180

362 Identity Theft ..................................................................................................................181

362.1 PURPOSE AND SCOPE ...........................................................................................181

362.2 REPORTING .............................................................................................................181

364 Private Persons Arrests.................................................................................................182

364.1 PURPOSE AND SCOPE ...........................................................................................182

368 Limited English Proficiency Services ...........................................................................183

368.1 PURPOSE AND SCOPE ...........................................................................................183

370 Hearing Impaired/Disabled Communications ..............................................................184

370.1 PURPOSE AND SCOPE ...........................................................................................184

376 Chaplains........................................................................................................................185

376.1 PURPOSE AND SCOPE ...........................................................................................185

376.2 POLICY .....................................................................................................................185

376.3 GOALS ......................................................................................................................185

376.4 REQUIREMENTS......................................................................................................185

376.6 DUTIES AND RESPONSIBILITIES ...........................................................................186

376.6.1 OTHER RESPONSIBILITIES .................................................................................187

376.7 CLERGY-PENITENT CONFIDENTIALITY.................................................................187

376.9 OPERATIONAL GUIDELINES...................................................................................188

377 Office Administration.....................................................................................................189

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377.1 PURPOSE AND SCOPE ...........................................................................................189

377.2 OFFICE HOURS .......................................................................................................189

377.3 APPEARANCE OF THE REGIONAL OFFICES, REGIONAL TASK FORCE OFFICES

AND BFS LABORATORIES ................................................................................................189

377.4 FIELD ENFORCEMENT INSPECTIONS BY SACS...................................................189

377.5 BASE STATION AND RADIO LOG ...........................................................................189

377.6 SIGN-OUT PROCEDURE FOR AGENTS .................................................................190

377.7 BULLETIN BOARDS .................................................................................................190

377.8 OFFICE FILES ..........................................................................................................190

377.8.1 ADMINISTRATIVE FILE .........................................................................................191

377.8.2 FUGITIVE FILE ......................................................................................................191

377.8.3 DLE INVESTIGATIVE FILE ....................................................................................193

377.8.4 BMFEA INVESTIGATIVE FILE ...............................................................................195

377.8.5 FIREARMS QUALIFICATION FILE.........................................................................196

377.8.6 VEHICLE FILE........................................................................................................196

377.8.7 SECURITY FILE .....................................................................................................196

377.9 RECORD RETENTION .............................................................................................196

377.9.1 CONFIDENTIAL DESTRUCTION...........................................................................197

379 Not subject to disclosure due to agent safety concerns.............................................198

379.1
...........................................................................................198

379.1.1
..................................................................198

379.2
......................................................................................................199

379.3
.......................................................................................200

379.3.1
..........................................................................200

379.3.2
...................................................200

379.3.3
.................................................................200

379.4
........................................201

379.4.1
.........................................................................201

379.5
..................................................................................................201

379.5.1
.....................................................................................................202

379.5.2
................................................................202

379.5.3
...................................................................................................202

379.6
................................203

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379.7
...........................................................................203

379.8
.........................................................................203

379.8.1
......................................................................................................204

379.8.2
........................................................................................................204

379.8.3
...............................................................................................205

379.8.4
................................................................................205

379.8.5
................................................................................207

379.8.6
.....................................................................................207

379.8.7
.............................................................................................................207

379.8.8
.....................................................................................................207

379.8.9
...................................................................................207

379.9
........................................................................................208

379.9.1
................................................................................208

379.9.2
.....................................................................................208

380 Child Safety Policy.........................................................................................................209

380.1 PURPOSE AND SCOPE ...........................................................................................209

380.1.1 POLICY ..................................................................................................................209

380.2 PROCEDURES DURING AN ARREST .....................................................................209

380.2.1 AFTER AN ARREST ..............................................................................................210

380.2.2 DURING THE BOOKING PROCESS......................................................................211

380.2.3 REPORTING ..........................................................................................................211

380.3 CHILD WELFARE SERVICES...................................................................................211

380.4 TRAINING .................................................................................................................212

382 Service Animals .............................................................................................................213

382.1 PURPOSE AND SCOPE ...........................................................................................213

382.2 SERVICE ANIMALS ..................................................................................................213

382.2.1 USE OF SERVICE ANIMALS .................................................................................213

382.3 EMPLOYEE RESPONSIBILITIES .............................................................................214

382.4 INQUIRIES AND COMPLAINTS................................................................................214

383 Honor Guard...................................................................................................................216

383.1 PURPOSE AND SCOPE ...........................................................................................216

383.1.1 ESTABLISHMENT..................................................................................................216

383.1.2 COMPOSITION ......................................................................................................216

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383.1.3 SELECTION ...........................................................................................................216

383.2 DEPLOYMENT..........................................................................................................217

383.3 MISSIONS.................................................................................................................217

383.4 TRAINING .................................................................................................................218

383.5 UNIFORMS ...............................................................................................................219

383.6 TRANSFERS.............................................................................................................219

384 Volunteer Program.........................................................................................................220

384.1 PURPOSE AND SCOPE ...........................................................................................220

385 Not subject to disclosure due to agent safety concerns.............................................221

385.1 ...........................................................................................221
385.2 ..................................................................................................221
385.3 ..........................................................................221

385.4 .................................................................................................221
385.5 ...........................................................................221
386 Off-Duty Law Enforcement Actions ..............................................................................222

386.1 PURPOSE AND SCOPE ...........................................................................................222

386.2 POLICY .....................................................................................................................222

386.3 FIREARMS ................................................................................................................222

386.4 DECISION TO INTERVENE ......................................................................................222

386.4.1 INTERVENTION PROCEDURE .............................................................................223

386.4.2 INCIDENTS OF PERSONAL INTEREST................................................................223

386.4.3 CIVILIAN RESPONSIBILITIES ...............................................................................223

386.4.5 REPORTING ..........................................................................................................224

402 Racial/Bias Based Profiling...........................................................................................225

402.1 PURPOSE AND SCOPE ...........................................................................................225

402.2 DEFINITION ..............................................................................................................225

402.3 POLICY .....................................................................................................................225

402.4 TRAINING .................................................................................................................226

405 Enforcement Operations ...............................................................................................228

405.1 PURPOSE AND SCOPE ...........................................................................................228

405.2 OPERATION PLANS.................................................................................................228

405.2.1 OPERATION PLAN FILE........................................................................................229

405.3 PRE-OPERATION BRIEFING ...................................................................................229

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405.4 LOCAL AGENCY OFFICER ......................................................................................230

405.5 DEBRIEFING.............................................................................................................230

405.6 PARTICIPATION IN JOINT ENFORCEMENT OPERATIONS ...................................230

405.6.1 WITHDRAWAL FROM JOINT ENFORCEMENT OPERATIONS ............................230

406 Crime & Disaster Scene Integrity..................................................................................231

406.1 PURPOSE AND SCOPE ...........................................................................................231

406.2 CRIME SCENE RESPONSIBILITY............................................................................231

406.2.1 FIRST RESPONDER CONSIDERATIONS .............................................................231

406.3 SEARCHES AT CRIME OR DISASTER SCENES ....................................................232

406.3.1 CONSENT ..............................................................................................................232

410 Ride-Along Policy ..........................................................................................................233

410.1 PURPOSE AND SCOPE ...........................................................................................233

410.1.1 ELIGIBILITY ...........................................................................................................233

410.1.2 AVAILABILITY ........................................................................................................233

410.2 PROCEDURE TO REQUEST A RIDE ALONG..........................................................233

410.2.1 PROGRAM REQUIREMENTS................................................................................234

410.2.3 PEACE OFFICER RIDE-ALONGS .........................................................................234

410.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK .........................................................234

410.3 AGENTS RESPONSIBILITY.....................................................................................234

410.4 CONTROL OF RIDE-ALONG ....................................................................................235

412 Hazardous Material Response ......................................................................................236

412.1 PURPOSE AND SCOPE ...........................................................................................236

412.1.1 HAZARDOUS MATERIAL DEFINED ......................................................................236

412.2 HAZARDOUS MATERIAL RESPONSE.....................................................................236

412.3 REPORTING EXPOSURE(S)....................................................................................237

412.3.1 SUPERVISOR RESPONSIBILITY ..........................................................................237

414 Hostages and Barricaded Suspects .............................................................................238

414.1 PURPOSE AND SCOPE ...........................................................................................238

414.1.1 DEFINITIONS.........................................................................................................238

414.2 HOSTAGE NEGOTIATIONS .....................................................................................238

414.3 FIRST RESPONDER RESPONSIBILITY...................................................................238

414.4 REPORTING .............................................................................................................239

416 Response to Bomb Calls ...............................................................................................240

Department of Justice Law Enforcement Policy & Procedures Manual Page | xvi

416.1 PURPOSE AND SCOPE ...........................................................................................240

416.2 FOUND EXPLOSIVES/SUSPECT DEVICES ............................................................240

416.3 EXPLOSION/BOMBING INCIDENTS ........................................................................241

416.3.1 NOTIFICATIONS ....................................................................................................241

416.3.2 CROWD CONTROL ...............................................................................................242

416.3.3 SCENE OF INCIDENT ...........................................................................................242

416.4 BOMB THREATS RECEIVED AT A DOJ FACILITY ..................................................242

416.4.1 BOMB THREATS RECEIVED BY TELEPHONE ....................................................242

416.4.2 RESPONSIBILITIES...............................................................................................243

418 Mental Illness Commitments.........................................................................................244

418.1 PURPOSE AND SCOPE ...........................................................................................244

418.2 AUTHORITY..............................................................................................................244

418.5 CONFISCATION OF FIREARMS AND OTHER WEAPONS......................................244

422 Arrest or Detention of Foreign Nationals .....................................................................246

422.1 PURPOSE AND SCOPE ...........................................................................................246

422.1.1 DEFINITIONS.........................................................................................................246

422.2 ARREST OR DETENTION OF FOREIGN NATIONALS ............................................246

422.3 LEVELS OF IMMUNITY ............................................................................................247

422.3.1 DIPLOMATIC AGENTS ..........................................................................................247

422.3.2 CONSULAR OFFICERS.........................................................................................247

422.3.3 HONORARY CONSULS.........................................................................................247

422.4 IDENTIFICATION ......................................................................................................248

422.4.1 VEHICLE REGISTRATION.....................................................................................248

422.5 ENFORCEMENT PROCEDURES .............................................................................248

422.5.1 CITABLE OFFENSES ............................................................................................248

422.5.2 Not subject to disclosure due to agent safety concerns ..........................................249

422.6 TRAFFIC COLLISIONS .............................................................................................251

422.6.1 VEHICLES..............................................................................................................251

422.6.2 REPORTS ..............................................................................................................251

422.7 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITY.......................................251

422.7.1 ARREST PROCEDURE .........................................................................................252

422.7.2 DOCUMENTATION ................................................................................................253

424 Rapid Deployment Team Policy ....................................................................................254

Department of Justice Law Enforcement Policy & Procedures Manual Page | xvii

424.1 PURPOSE AND SCOPE ...........................................................................................254

424.2 POLICY .....................................................................................................................254

424.3 PROCEDURE............................................................................................................254

426 Police Activity in Other Jurisdictions ...........................................................................256

426.1 PURPOSE AND SCOPE ...........................................................................................256

426.1.1 ASSISTANCE TO OUTSIDE AGENCIES ...............................................................256

426.1.2 LAW ENFORCEMENT ACTIVITY IN LOCAL JURISDICTIONS .............................256

426.2 OVERLAPPING INVESTIGATIONS ..........................................................................257

426.3 INVESTIGATIONS IN OTHER AREAS OF RESPONSIBILITY ..................................257

427 Operating in a Foreign Country ....................................................................................258

427.1 PURPOSE AND SCOPE ...........................................................................................258

427.2 POLICY .....................................................................................................................258

427.3 REQUEST FOR APPROVAL.....................................................................................258

427.4 NOTIFICATION TO THE LA CLEAR .........................................................................259

427.5 OVERDUE AND MISSING AGENTS .........................................................................259

427.5.1 COMMAND POST ..................................................................................................260

427.5.2 AGENCY ROLES AND RESPONSIBILITIES..........................................................260

427.5.3 Not subject to disclosure due to agent safety concerns ..........................................261

427.6 MEXICAN AUTO INSURANCE..................................................................................261

428 Immigration Violations ..................................................................................................263

428.1 PURPOSE AND SCOPE ...........................................................................................263

428.2 DEPARTMENT POLICY............................................................................................263

428.3 PROCEDURES FOR IMMIGRATION COMPLAINTS ................................................263

428.3.1 BASIS FOR CONTACT ..........................................................................................263

428.3.2 SWEEPS ................................................................................................................263

428.3.3 ICE REQUEST FOR ASSISTANCE........................................................................264

428.3.4 IDENTIFICATION ...................................................................................................264

428.3.5 ARREST .................................................................................................................264

428.3.6 BOOKING...............................................................................................................264

428.3.7 NOTIFICATION OF IMMIGRATION AND CUSTOMS ENFORCEMENT ................264

428.4 CONSIDERATIONS PRIOR TO REPORTING TO ICE..............................................265

428.4.1 U-VISA NONIMMIGRANT STATUS........................................................................265

428.4.2 HUMAN TRAFFICKING T-VISA .............................................................................266

Department of Justice Law Enforcement Policy & Procedures Manual Page | xviii

429 Undercover Contact with Law Enforcement ................................................................267

429.1 PURPOSE AND SCOPE ...........................................................................................267

429.2 PROCEDURE............................................................................................................267

432 Shoulder Weapons.........................................................................................................268

432.1 PURPOSE AND SCOPE ...........................................................................................268

432.2 SHOULDER WEAPONS ...........................................................................................268

432.2.1 DEFINITION ...........................................................................................................268

432.3 SPECIFICATIONS.....................................................................................................268

432.4 SHOULDER WEAPON MAINTENANCE ...................................................................269

432.6 DEPLOYMENT OF THE SHOULDER WEAPON.......................................................270

432.7 DISCHARGE OF THE SHOULDER WEAPON ..........................................................271

432.9 SHOULDER WEAPON STORAGE............................................................................271

434 Aircraft Accidents ..........................................................................................................272

434.1 PURPOSE AND SCOPE ...........................................................................................272

434.2 RESPONSIBILITIES..................................................................................................272

434.2.2 NATIONAL TRANSPORTATION SAFETY BOARD................................................272

434.3 DOCUMENTATION ...................................................................................................272

438 Not subject to disclosure due to agent safety concerns.............................................273

438.1
...........................................................................................273

438.2
...............................................................273

438.2.1
.................................274

438.2.2
..........................274

438.2.3
...................................................274

438.3
..................................................................275

438.4
.................................................275

438.4.1
.........................................................................276

438.4.2
.......................................................................................276

440 Field Interviews & Photographing of Field Detainees .................................................278

440.1 PURPOSE AND SCOPE ...........................................................................................278

442 Criminal Street Gangs ...................................................................................................279

442.1 PURPOSE AND SCOPE ...........................................................................................279

442.2 DEFINITIONS............................................................................................................279

442.3 IDENTIFICATION OF CRIMINAL STREET GANGS / PARTICIPANTS .....................279

Department of Justice Law Enforcement Policy & Procedures Manual Page | xix

442.4 CRIMINAL STREET GANG INVESTIGATION FILE ..................................................281

442.4.1 REVIEW AND PURGING OF GANG PARTICIPANT FILE .....................................281

442.4.2 CRIMINAL GANG INTELLIGENCE DATABASE.....................................................281

442.5 FIELD CONTACTS....................................................................................................282

442.6 NOTIFICATION TO PARENT OR GUARDIAN ..........................................................282

442.7 DISSEMINATIONS OF THE FILE INFORMATION ....................................................282

442.8 REPORTING CRITERIA AND ROUTING ..................................................................282

444 Special Agents in Charge ..............................................................................................284

444.1 PURPOSE AND SCOPE ...........................................................................................284

444.2 DESIGNATION AS ACTING SAC..............................................................................284

452 Medical Marijuana ..........................................................................................................285

452.1 PURPOSE AND SCOPE ...........................................................................................285

452.2 ENFORCEMENT .......................................................................................................285

452.3 MEDICINAL USE CLAIMS.........................................................................................286

452.3.1 PATIENTS ..............................................................................................................286

452.3.2 PRIMARY CAREGIVERS .......................................................................................287

452.3.3 CLAIM REQUIREMENTS MET...............................................................................287

452.3.4 RETURN OF MARIJUANA .....................................................................................288

458 Foot Pursuit Policy ........................................................................................................289

458.1 PURPOSE AND SCOPE ...........................................................................................289

458.1.1 POLICY ..................................................................................................................289

458.2 DECISION TO PURSUE ...........................................................................................289

458.3 GUIDELINES FOR FOOT PURSUIT .........................................................................290

458.4 RESPONSIBILITIES IN FOOT PURSUITS................................................................291

458.4.1 INITIATING AGENT RESPONSIBILITIES ..............................................................291

458.4.2 ASSISTING AGENT RESPONSIBILITIES ..............................................................292

458.4.3 SUPERVISOR RESPONSIBILITY ..........................................................................292

458.4.4 BASE STATION RESPONSIBILITIES ....................................................................293

458.5 REPORTING .............................................................................................................293

459 Statements and Admissions of Suspects ....................................................................294

459.1 PURPOSE & SCOPE ................................................................................................294

459.1.1 PROCEDURE .........................................................................................................294

463 Mandatory Case Event Deconfliction Inquiries and Submissions..............................295

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463.1 PURPOSE & SCOPE ................................................................................................295

463.2 PROCEDURE............................................................................................................295

465 Not subject to disclosure due to agent safety concerns.............................................296

465.1 ................................................................................................296
465.2 .......296
465.3 ........................................................296
465.4 ................................................296
465.4.1 ......................................................................................296
467 Not subject to disclosure due to agent safety concerns.............................................297

467.1 ...........................................................................................297
467.2 ............................................................................................................297
467.2.1 ....................................................................................297

469 Threats Against Employees ..........................................................................................299

469.1 PURPOSE & SCOPE ................................................................................................299

469.2 POLICY .....................................................................................................................299

510 Vehicle Towing and Release .........................................................................................301

510.1 PURPOSE AND SCOPE ...........................................................................................301

600 Investigation and Prosecution ......................................................................................302

600.1 PURPOSE AND SCOPE ...........................................................................................302

600.2 MODIFICATION OF CHARGES FILED .....................................................................302

600.3 CUSTODIAL INTERROGATION REQUIREMENTS ..................................................302

601 Investigative Funds........................................................................................................303

601.1 PURPOSE AND SCOPE ...........................................................................................303

601.2 CONTROL OF INVESTIGATIVE FUNDS ..................................................................303

601.2.1 ACCOUNTABILITY FOR INVESTIGATIVE FUNDS ...............................................303

601.3 CASH FUND AUDIT ..................................................................................................303

601.4 INVESTIGATIVE FUND EXPENDITURE AUTHORITY .............................................306

601.5 RECEIPT OF MONEY ADVANCED - SACS..............................................................307

601.5.1 RECEIPT OF MONEY ADVANCED - SAS .............................................................308

601.6 PURCHASE OF EVIDENCE, INFORMATION, PAYMENT OF INVESTIGATION

EXPENSES, AND WITNESS PROTECTION ......................................................................309

601.7 SUBMISSION OF VOUCHERS .................................................................................310

601.8 REIMBURSEMENT TO THE INVESTIGATIVE FUND...............................................310

Department of Justice Law Enforcement Policy & Procedures Manual Page | xxi
601.9 EXCESS FUNDS.......................................................................................................310

601.10 REGIONAL OFFICE EXPENDITURE REPORTS ....................................................311

601.10.1 TASK FORCE EXPENDITURE LOG ....................................................................312

601.11 THEFT OR LOSS OF INVESTIGATIVE FUNDS .....................................................312

601.12 RECOVERED MONEY RECEIPTS .........................................................................313

601.13 Not subject to disclosure due to agent safety concerns ...........................................313

602 Sexual Assault Victims DNA Rights ............................................................................317

602.1 PURPOSE AND SCOPE ...........................................................................................317

602.2 INVESTIGATION CONSIDERATIONS ......................................................................317

602.2.1 VICTIM CONFIDENTIALITY...................................................................................317

602.2.2 OFFICER RESPONSIBILITY..................................................................................317

602.3 TESTING OF SEXUAL ASSAULT EVIDENCE ..........................................................317

602.4 VICTIM NOTIFICATION OF DNA STATUS ...............................................................318

602.5 DESTRUCTION OF DNA EVIDENCE .......................................................................319

606 Asset Forfeiture Policy ..................................................................................................320

606.1 PURPOSE AND SCOPE ...........................................................................................320

606.2 ASSET SEIZURE AUTHORITY .................................................................................320

608 Not subject to disclosure due to agent safety concerns.............................................321

608.1 ...........................................................................................321
608.2 .....................................................................................321
608.2.1 .................................................................................321
608.2.2 ....................323

608.3 .............................................................................................324

608.3.1 ......................................................................................325

608.4 ..............................325

608.4.1 ......................................325

608.4.2 .................................................................326

608.5 ......................................327

608.5.1 .......................................................................................327

608.5.3 ..............................................................327

608.5.4 ................................................................................328

608.6 ....................................................................................329

609 Not subject to disclosure due to agent safety concerns.............................................330

Department of Justice Law Enforcement Policy & Procedures Manual Page | xxii
609.1
...........................................................................................330

609.1.1
.........................................................................................................330

609.2
.............................................................................................330

609.3
......................................331

609.3.1
..........................................................331

609.3.2
.................................................332

609.3.3
........................................................................332

609.3.4
...................................................................332

609.3.5
.........................................................334

609.4
..............................................................................334

609.5
.........................................................................................................335

609.6
.................................................................................335

609.7
...........................................................................................336

609.8
.......................................................................337

609.9
..................................................337

609.10
..................................................................................337

609.11
.....................338

609.12
.......................................................................................338

609.13
....................................................................................................338

609.14
..........................................................................338

609.15
...................................................339

611 Not subject to disclosure due to agent safety concerns.............................................340

611.1 ................................................................................................340

611.2 ............................................................................................................340

615 Interaction with Prisoners and Defendants..................................................................341

615.1 PURPOSE AND SCOPE ...........................................................................................341

615.2 RECOMMENDING ATTORNEYS OR BAIL BONDSMEN..........................................341

615.2.1 RECOMMENDING BAIL.........................................................................................341

615.3 INTERCEDING FOR DEFENDANTS.........................................................................341

615.4 DISCUSSING PROSECUTION ACTION ...................................................................341

617 Not subject to disclosure due to agent safety concerns.............................................342

617.1 ...........................................................................................342

617.2 ...................................................................342

Department of Justice Law Enforcement Policy & Procedures Manual Page | xxiii
617.3 ...........................................................................342

617.3 ............................................................................342
700 Department-Owned and Personal Property .................................................................344

700.1 PURPOSE AND SCOPE ...........................................................................................344

700.2 CARE OF DEPARTMENTAL PROPERTY ................................................................344

700.3.1 REPORTING REQUIREMENT ...............................................................................344

700.3.2 REPORTING THEFT, EMBEZZLEMENT OR FRAUD ............................................345

700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER................................................346

700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY ..................................................346

700.5 ACQUISITION OF PROPERTY .................................................................................346

700.5.1 ALTERNATE METHODS OF ACQUISITION ..........................................................346

700.5.2 POOL EQUIPMENT ...............................................................................................348

700.5.3 ATTRACTIVE EXPENDABLES ..............................................................................348

700.5.4 INDIVIDUALLY ASSIGNED EQUIPMENT ..............................................................348

700.5.5 STANDARD COMPLEMENT OF EQUIPMENT ......................................................348

700.5.6 BUSINESS CARDS ................................................................................................350

700.6 PROPERTY CONTROL.............................................................................................350

700.6.1 INDIVIDUALLY ASSIGNED EQUIPMENT INVENTORY ........................................351

700.6.2 REGIONAL OFFICE/LABORATORY EQUIPMENT INVENTORY ..........................351

700.6.3 TASK FORCE EQUIPMENT INVENTORY .............................................................352

700.6.4 POOL EQUIPMENT SIGN-OUT LOG.....................................................................352

700.6.5 ATTRACTIVE EXPENDABLES SIGN-OUT LOG....................................................352

700.6.6 ASSIGNED EQUIPMENT DURING EXTENDED ABSENCES................................352

700.7 MAINTENANCE ........................................................................................................353

700.8 PROPERTY TRANSFER...........................................................................................353

700.8.1 INTRA-DIVISION PROPERTY TRANSFER............................................................354

700.8.2 INTRA-DIVISION EQUIPMENT LOAN ...................................................................354

700.9 PROPERTY SURVEY ...............................................................................................355

702 Personal Communication Devices................................................................................356

702.1 PURPOSE AND SCOPE ...........................................................................................356

704 Vehicle Maintenance......................................................................................................357

704.1 PURPOSE AND SCOPE ...........................................................................................357

704.2 DEFECTIVE VEHICLES ............................................................................................357

Department of Justice Law Enforcement Policy & Procedures Manual Page | xxiv
704.2.1 VEHICLE SURVEY PROCEDURES.......................................................................357

706 Vehicle Use.....................................................................................................................358

706.1 PURPOSE & SCOPE ................................................................................................358

706.2 USE OF VEHICLES...................................................................................................358

706.2.1 POOL VEHICLES ...................................................................................................358

706.2.3 UNDERCOVER VEHICLES....................................................................................359

706.2.5 AUTHORIZED PASSENGERS ...............................................................................359

706.2.6 PARKING ...............................................................................................................359

706.2.7 INSPECTIONS .......................................................................................................359

706.2.8 USE BY OTHER LAW ENFORCEMENT AGENCIES .............................................359

706.3 ASSIGNED VEHICLE AGREEMENT.........................................................................360

706.3.1 VEHICLES SUBJECT TO INSPECTION ................................................................361

706.4 Not subject to disclosure due to agent safety concerns .............................................361

706.4.1 KEYS......................................................................................................................361

706.6 MAINTENANCE ........................................................................................................361

706.6.1 ACCESSORIES AND/OR MODIFICATIONS ..........................................................362

706.6.2 RADIO EQUIPMENT REPAIR ................................................................................362

706.7 ACCIDENT DAMAGE, ABUSE, AND MISUSE ..........................................................363

706.8 TOLL ROAD USAGE.................................................................................................363

706.9 TRAFFIC CITATIONS ...............................................................................................363

706.10 VEHICLE COORDINATOR......................................................................................364

707 Exemplar Firearms.........................................................................................................365

707.1 PURPOSE AND SCOPE ...........................................................................................365

707.1.1 DEFINITIONS.........................................................................................................365

707.2 POLICY .....................................................................................................................365

707.3 STORAGE AND SECURITY......................................................................................366

707.4 REMOVAL FROM THE VAULT .................................................................................366

707.5 INVENTORY..............................................................................................................366

802 Communication Operations ..........................................................................................368

802.1 PURPOSE AND SCOPE ...........................................................................................368

802.1.1 FCC COMPLIANCE................................................................................................368

802.1.2 RESPONSIBILITY ..................................................................................................368

802.3 RADIO COMMUNICATIONS .....................................................................................368

Department of Justice Law Enforcement Policy & Procedures Manual Page | xxv
802.3.1 Not subject to disclosure due to agent safety concerns ..........................................368

802.3.2 UNIT DESIGNATOR CUSTODIAN.........................................................................370

802.4 BASE STATION RADIO INSTALLATION ..................................................................370

802.5 PORTABLE RADIO REPAIR .....................................................................................371

804 Property and Evidence ..................................................................................................372

804.1 PURPOSE AND SCOPE ...........................................................................................372

804.2 DEFINITIONS............................................................................................................372

804.2.1 PROPERTY RECEIPT............................................................................................373

804.3 PROPERTY HANDLING............................................................................................374

804.3.1 PROPERTY PROCEDURE ....................................................................................375

804.3.2 NARCOTICS AND DANGEROUS DRUGS.............................................................376

804.3.3 CHEMICALS AND CONTAMINATED OR EXPLOSIVE EVIDENCE .......................376

804.3.4 BIOLOGICAL EVIDENCE.......................................................................................376

804.3.5 STORAGE LOCATIONS.........................................................................................377

804.3.6 RECOVERED INVESTIGATIVE FUNDS ................................................................379

804.4 PACKAGING OF PROPERTY ...................................................................................380

804.4.1 PACKAGING CONTAINER ....................................................................................380

804.4.2 PACKAGING CONTROLLED SUBSTANCES ........................................................381

804.4.3 FIREARMS .............................................................................................................381

804.4.5 DISPOSITION OF SEIZED FIREARMS..................................................................383

804.4.6 RETURN OF SEIZED FIREARMS TO PRIVATE INDIVIDUALS.............................383

804.4.7 DISPOSITION OF STOLEN PROPERTY ...............................................................384

804.4.8 DISPOSITION OF CHEMICAL/PRECURSOR EVIDENCE.....................................385

804.4.9 CONTROLLED SUBSTANCES FOR TRAINING ....................................................385

804.5 RECORDING OF PROPERTY ..................................................................................388

804.5.1 EVIDENCE VAULT FILES ......................................................................................389

804.5.2 DESTRUCTION OF CONTROLLED SUBSTANCE EVIDENCE .............................390

804.5.3 DESTRUCTION OF SEIZED MATERIAL ...............................................................391

804.5.4 DESTRUCTION PROCEDURES ............................................................................392

804.5.5 RELEASE OF EVIDENCE ......................................................................................395

804.5.6 RELEASE/DESTRUCTION OF PERSONAL PROPERTY ......................................395

804.6 PROPERTY CONTROL.............................................................................................397

Department of Justice Law Enforcement Policy & Procedures Manual Page | xxvi
804.6.1 TASK FORCE PROCEDURES/EVIDENCE SEIZED DURING JOINT

INVESTIGATIONS ..............................................................................................................398

804.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY ........................................399

804.6.3 STATUS OF PROPERTY .......................................................................................400

804.6.4 AUTHORITY TO RELEASE PROPERTY ...............................................................400

804.6.5 RELEASE OF PROPERTY.....................................................................................400

804.6.6 DISPUTED CLAIMS TO PROPERTY .....................................................................401

804.6.7 CONTROL OF NARCOTICS & DANGEROUS DRUGS..........................................402

804.7 DISPOSITION OF PROPERTY .................................................................................402

804.7.1 EXCEPTIONAL DISPOSITIONS ............................................................................402

804.7.2 UNCLAIMED MONEY ............................................................................................403

804.7.3 MONEY, JEWELRY, AND OTHER EASILY CONVERTED ITEMS OF VALUE ......403

804.7.4 PROCESSING OF PHOTOGRAPHS, VIDEO TAPES, DIGITAL MEDIA, AND AUDIO

EVIDENCE ..........................................................................................................................403

804.8 EVIDENCE INVENTORY/INSPECTIONS OF THE EVIDENCE VAULT ....................409

808 Restoration of Firearm Serial Numbers........................................................................413

808.1 PURPOSE AND SCOPE ...........................................................................................413

808.2 PROCEDURE............................................................................................................413

808.2.1 PRELIMINARY FIREARM EXAMINATION .............................................................413

808.2.2 PROPERTY BOOKING PROCEDURE...................................................................414

808.2.3 AGENT RESPONSIBILITY .....................................................................................414

808.2.4 DOCUMENTATION ................................................................................................414

808.2.5 FIREARM TRACE ..................................................................................................414

808.3 BULLET AND CASING IDENTIFICATION.................................................................414

810 Release of Records and Information ............................................................................415

810.1 PURPOSE AND SCOPE ...........................................................................................415

810.1.1 COORDINATOR.....................................................................................................415

810.2 PUBLIC REQUESTS FOR RECORDS ......................................................................415

810.2.1 PROCESSING OF REQUESTS .............................................................................415

810.3 REPORT RELEASE RESTRICTIONS .......................................................................416

810.3.1 GENERAL CASE AND CRIME REPORTS .............................................................416

810.3.2 ARREST REPORTS...............................................................................................417

810.3.3 TRAFFIC COLLISION REPORTS ..........................................................................417

810.3.4 PERSONNEL RECORDS.......................................................................................418

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810.3.5 CONCEALED WEAPONS PERMITS......................................................................418

810.3.6 DOMESTIC VIOLENCE REPORTS........................................................................418

810.4 OTHER RECORDS ...................................................................................................419

810.4.1 PERSONAL IDENTIFYING INFORMATION ...........................................................419

810.5 SUBPOENA DUCES TECUM....................................................................................419

810.6 RELEASED RECORDS TO BE STAMPED ...............................................................420

812 Criminal Offender Record Information (CORI) .............................................................421

812.1 PURPOSE & SCOPE ................................................................................................421

812.2 AUTHORITY..............................................................................................................421

812.3 DEFINITIONS............................................................................................................421

812.4 AUTHORIZED RECIPIENTS OF CORI .....................................................................421

812.4.2 RELEASE OF CORI ...............................................................................................422

812.4.3 RELEASE OF CORI TO FIELD PERSONNEL........................................................422

812.5 JUVENILE RECORDS...............................................................................................422

812.6 REVIEW OF CRIMINAL OFFENDER RECORD........................................................422

812.7 PROTECTION OF CORI ...........................................................................................422

812.7.1 COMPUTER TERMINAL SECURITY .....................................................................422

812.7.2 DESTRUCTION OF CORI ......................................................................................423

812.8 TRAINING PROGRAM ..............................................................................................423

812.9 PENALTIES FOR MISUSE OF RECORDS ...............................................................423

812.10 NO LONGER INTERESTED NOTIFICATION..........................................................423

814 Not subject to disclosure due to agent safety concerns.............................................424

814.1
...........................................................................................424

814.2
................................................424

814.2.1
........................................................425

814.2.2
......................................................425

814.3
.......................................................................426

814.4
.........................................................................................................426

814.5
....................................................427

814.5.1
.................................................................427

814.5.2
........................................................................427

814.5.3
.....................................................................427

814.5.4
............................................................428

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814.6 .............................................................................428

815 Publications....................................................................................................................429

815.1 PURPOSE AND SCOPE ...........................................................................................429

815.2 POLICY .....................................................................................................................429

817 Legislatively Mandated Reports....................................................................................430

817.1 PURPOSE AND SCOPE ...........................................................................................430

817.1.1 COORDINATOR.....................................................................................................430

817.2 POLICY .....................................................................................................................430

819 Forms..............................................................................................................................431

819.1 PURPOSE AND SCOPE ...........................................................................................431

819.1.1 DIVISION FORMS COORDINATOR.......................................................................431

819.2 POLICY .....................................................................................................................431

819.2.1 ACCESSIBILITY .....................................................................................................431

902 Custody Searches..........................................................................................................432

902.1 PURPOSE AND SCOPE ...........................................................................................432

1000 Recruitment and Selection ..........................................................................................433

1000.1 PURPOSE AND SCOPE .........................................................................................433

1000.4 HIRING CRITERIA ..................................................................................................433

1001 Background Investigation Process.............................................................................437

1001.1 PURPOSE AND SCOPE .........................................................................................437

1001.1.1 FULL BACKGROUND INVESTIGATIONS............................................................437

1001.2 BACKGROUND PROCEDURES .............................................................................438

1001.2.1 RELEASE OF CONFIDENTIAL INFORMATION...................................................440

1001.2.2 CONTRACT EMPLOYEES BACKGROUND CHECKS ......................................440

1003 Employee Fundraising Activity ...................................................................................442

1003.1 PURPOSE AND SCOPE .........................................................................................442

1003.2 POLICY ...................................................................................................................442

1003.3 OBTAINING APPROVAL.........................................................................................442

1004.3 RAFFLES AND LOTTERIES ...................................................................................442

1010 Reporting of Employee Convictions...........................................................................443

1010.1 PURPOSE AND SCOPE .........................................................................................443

1010.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS................443

1010.3 OTHER CRIMINAL CONVICTIONS.........................................................................443

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1010.4 REPORTING PROCEDURE....................................................................................444

1010.5 PROCEDURE FOR RELIEF....................................................................................444

1010.6 SUSPECTED CRIMINAL ACTIVITY ........................................................................445

1010.7 FRATERNIZATION WITH KNOWN CRIMINAL SUSPECTS ...................................445

1012 Alcohol and Drug Use..................................................................................................446

1012.1 PURPOSE AND SCOPE .........................................................................................446

1012.2 GENERAL GUIDELINES .........................................................................................446

1012.2.1 PURCHASE OR POSSESSION OF DRUGS OR ALCOHOL ON DUTY...............447

1012.2.2 USE OF PRESCRIBED MEDICATIONS...............................................................447

1012.2.3 ENGAGING IN SCIENTIFIC OR MEDICAL PROJECTS ......................................447

1012.3 EMPLOYEE ASSISTANCE PROGRAM ..................................................................447

1014 Sick Leave Policy .........................................................................................................449

1014.1 PURPOSE AND SCOPE .........................................................................................449

1016 Communicable Diseases .............................................................................................450

1016.1 PURPOSE AND SCOPE .........................................................................................450

1018 Smoking Policy ............................................................................................................451

1018.1 PURPOSE AND SCOPE .........................................................................................451

1018.2 POLICY ...................................................................................................................451

1020 Personnel Complaint Procedure.................................................................................452

1020.1 PURPOSE AND SCOPE .........................................................................................452

1020.1.1 PERSONNEL COMPLAINTS DEFINED ...............................................................452

1020.2 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS..........................................453

1020.2.1 AVAILABILITY OF COMPLAINT FORMS .............................................................453

1020.2.2 SOURCE OF COMPLAINTS ................................................................................453

1020.2.3 ACCEPTANCE OF COMPLAINTS .......................................................................453

1020.2.4 COMPLAINT DOCUMENTATION ........................................................................454

1020.3 SUPERVISOR RESPONSIBILITY ...........................................................................455

1020.4 ASSIGNMENT TO ADMINISTRATIVE LEAVE ........................................................455

1020.4.1 ADMINISTRATIVE LEAVE ...................................................................................456

1020.5 ALLEGATIONS OF CRIMINAL CONDUCT .............................................................456

1020.6 ADMINISTRATIVE INVESTIGATION OF COMPLAINT ...........................................457

1020.6.1 ADMINISTRATIVE SEARCHES ...........................................................................458

1020.6.2 ADMINISTRATIVE INVESTIGATION FORMAT....................................................459

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1020.7 DISPOSITION OF PERSONNEL COMPLAINTS .....................................................459

1020.7.1 DISCIPLINARY ACTION ......................................................................................460

1020.8 COMPLETION OF INVESTIGATIONS ....................................................................461

1020.8.1 CONFIDENTIALITY OF PERSONNEL FILES ......................................................462

1022 Seat Belts .....................................................................................................................463

1022.1 PURPOSE AND SCOPE .........................................................................................463

1022.2 WEARING OF SAFETY RESTRAINTS ...................................................................463

1022.2.1 TRANSPORTING CHILDREN ..............................................................................463

1022.4 INOPERABLE SEAT BELTS ...................................................................................463

1025 Performance Evaluations ............................................................................................465

1025.1 PURPOSE AND SCOPE .........................................................................................465

1025.2 ANNUAL PERFORMANCE APPRAISALS...............................................................465

1025.3 PROBATION REPORTS .........................................................................................465

1026 Personnel Files ............................................................................................................467

1026.1 PURPOSE AND SCOPE .........................................................................................467

1026.2 PEACE OFFICER PERSONNEL FILES DEFINED..................................................467

1026.3 EMPLOYEE RECORD LOCATIONS .......................................................................467

1026.4 CONFIDENTIALITY OF ALL PERSONNEL FILES ..................................................468

1026.5 REQUESTS FOR DISCLOSURE ............................................................................468

1026.5.1 RELEASE OF CONFIDENTIAL INFORMATION...................................................468

1026.6 EMPLOYEE ACCESS TO OWN FILE .....................................................................469

1026.7 TYPES OF PERSONNEL FILES .............................................................................469

1026.7.1 OFFICIAL PERSONNEL FILE ..............................................................................470

1026.7.2 UNOFFICIAL PERSONNEL FILE .........................................................................471

1026.7.3 INTERNAL AFFAIRS FILE ...................................................................................472

1026.7.4 TRAINING FILES..................................................................................................472

1026.7.5 MEDICAL INFORMATION....................................................................................473

1026.10 OTHER PERSONAL RECORDS ...........................................................................473

1026.10.1 EMERGENCY NOTIFICATION CARDS .............................................................473

1026.10.2 EMPLOYEE ROSTERS......................................................................................473

1026.10.3 UPDATING CONTACT INFORMATION .............................................................474

1028 Request for Change of Assignment............................................................................475

1028.1 PURPOSE AND SCOPE .........................................................................................475

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1028.2 TRANSFER LISTS ..................................................................................................475

1028.3 SUPERVISORS COMMENTARY ...........................................................................475

1030 Employee Commendations .........................................................................................476

1030.1 PURPOSE AND SCOPE .........................................................................................476

1030.2 WHO MAY MAKE COMMENDATIONS ...................................................................476

1030.3 COMMENDABLE ACTIONS....................................................................................476

1030.4 DIRECTORS AWARD ............................................................................................476

1030.5 BUREAU AWARD ...................................................................................................477

1030.6 COMMENDATIONS FROM OUTSIDE AGENCIES .................................................478

1030.7 SPECIAL AGENT AWARDS....................................................................................478

1030.7.1 AWARD CRITERIA...............................................................................................478

1030.7.2 AWARD DESCRIPTION .......................................................................................479

1030.7.3 REQUIRED INVESTIGATION, REPORT CONTENT AND TRANSMITTAL..........479

1030.7.4 SPECIAL AGENT AWARD REVIEW BOARD.......................................................480

1030.7.5 PRESENTATION..................................................................................................481

1032 Fitness for Duty............................................................................................................482

1032.1 PURPOSE AND SCOPE .........................................................................................482

1032.2 EMPLOYEE RESPONSIBILITIES ...........................................................................482

1032.3 SUPERVISOR RESPONSIBILITIES........................................................................482

1032.4 NON-WORK RELATED CONDITIONS....................................................................483

1032.5 WORK RELATED CONDITIONS.............................................................................483

1032.7 LIMITATION ON HOURS WORKED........................................................................483

1035 Lactation Break Policy.................................................................................................484

1035.1 PURPOSE AND SCOPE .........................................................................................484

1035.2 POLICY ...................................................................................................................484

1035.3 LACTATION BREAK TIME ......................................................................................484

1035.4 PRIVATE LOCATION ..............................................................................................484

1035.5 STORAGE OF EXPRESSED MILK .........................................................................485

1036 Time Reporting.............................................................................................................486

1036.1 PURPOSE AND SCOPE .........................................................................................486

1036.1.1 RESPONSIBILITY FOR COMPLETION OF JUS 634s .........................................486

1036.2 POLICY ...................................................................................................................486

1036.3 TRS TIME ENTRY REQUIREMENTS .....................................................................486

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1036.4 ACTIVITY LOG ENTRY REQUIREMENTS..............................................................487

1036.5 TRS APPROVAL REQUIREMENTS........................................................................487

1040 Outside Employment ...................................................................................................488

1040.1 PURPOSE AND SCOPE .........................................................................................488

1040.1.1 DEFINITIONS.......................................................................................................488

1040.2 OBTAINING APPROVAL.........................................................................................488

1040.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT............................................488

1040.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS .............489

1040.3 PROHIBITED OUTSIDE EMPLOYMENT ................................................................489

1040.3.1 OUTSIDE SECURITY EMPLOYMENT .................................................................490

1040.3.3 SPECIAL RESTRICTIONS ...................................................................................490

1040.4 DEPARTMENT RESOURCES.................................................................................490

1040.4.1 REVIEW OF FINANCIAL RECORDS ...................................................................490

1040.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS .................................................491

1040.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY ................................................491

1040.7 INCOMPATIBILITY REVIEW OF NON-EMPLOYMENT ACTIVITIES ......................491

1041 Employee Separations and Transfers ........................................................................493

1041.1 PURPOSE AND SCOPE .........................................................................................493

1041.2 POLICY ...................................................................................................................493

1044 Personal Appearance Standards ................................................................................494

1044.1 PURPOSE AND SCOPE .........................................................................................494

1044.2 GROOMING STANDARDS .....................................................................................494

1044.3 TATTOOS ...............................................................................................................494

1044.4 BODY PIERCING OR ALTERATION.......................................................................494

1046 Uniform Regulations ....................................................................................................495

1046.1 PURPOSE AND SCOPE .........................................................................................495

1046.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT ............................495

1046.3 RAID UNIFORMS ....................................................................................................495

1046.3.1 PLANNED EVENTS .............................................................................................495

1046.3.2 UNPLANNED EVENTS ........................................................................................496

1046.3.3 CLANDESTINE LAB ENTRY ................................................................................497

1046.3.4 SPECIAL ENFORCEMENT DETAILS ..................................................................497

1046.3.5 ERADICATION OPERATIONS .............................................................................498

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1046.3.6 LOAD BEARING VESTS ......................................................................................498

1046.3.7 TACTICAL VEST COVERS ..................................................................................500

1046.3.8 FOUL WEATHER JACKETS ................................................................................500

1046.3.9 PURCHASING AND REPLACEMENT OF UNIFORM EQUIPMENT.....................500

1046.3.10 EQUIPMENT INSPECTIONS .............................................................................501

1046.3.11 FACIAL COVERINGS.........................................................................................501

1046.3.12 BALLISTIC SHIELDS..........................................................................................501

1046.3.13 FIRST AID KITS .................................................................................................501

1046.3.14 PERSONAL TRAUMA KITS ...............................................................................502

1046.4 INSIGNIA AND PATCHES.......................................................................................502

1046.4.1 MOURNING BADGE ............................................................................................504

1046.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS................504

1046.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES.......................505

1046.9 UNIFORM AND SAFETY EQUIPMENT COMMITTEE ............................................505

1046.9.1 TERM OF ASSIGNMENT .....................................................................................506

1046.9.2 MEETINGS...........................................................................................................506

1046.9.3 SUBMISSIONS TO THE COMMITTEE.................................................................506

1046.9.4 IMPLEMENTATION..............................................................................................506

1050 Nepotism and Conflicting Relationships....................................................................507

1050.1 PURPOSE AND SCOPE .........................................................................................507

1052 Department Identification ............................................................................................508

1052.1 PURPOSE AND SCOPE .........................................................................................508

1052.1.1 POLICY ................................................................................................................508

1052.2 UNIFORM BADGE ..................................................................................................508

1052.2.1 FLAT BADGE .......................................................................................................508

1052.2.2 CIVILIAN PERSONNEL........................................................................................509

1052.2.3 BADGE PURCHASES ..........................................................................................509

1052.2.4 POCKET BADGE .................................................................................................510

1052.2.5 CREDENTIALS.....................................................................................................510

1052.2.6 RETIRED PEACE OFFICER IDENTIFICATION ...................................................511

1052.3 UNAUTHORIZED USE ............................................................................................512

1052.4 PERMITTED USE BY EMPLOYEE GROUPS .........................................................512

1052.5 BUILDING IDENTIFICATION...................................................................................512

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1052.6 ISSUANCE OF BADGES, CREDENTIALS AND IDENTIFICATION ........................513

1052.7 RETURN OF BADGES, CREDENTIALS AND IDENTIFICATION............................513

1055 Reproductive Health ....................................................................................................514

1055.1 PURPOSE AND SCOPE .........................................................................................514

1055.1.1 DEFINITION .........................................................................................................514

1055.2 RESPONSIBILITIES ................................................................................................514

1055.2.1 EMPLOYEES .......................................................................................................514

1055.2.2 SUPERVISORS....................................................................................................515

1055.2.3 BUREAU SAFETY OFFICER ...............................................................................515

1056 Limited Duty .................................................................................................................517

1056.1 PURPOSE AND SCOPE .........................................................................................517

1056.2 POLICY ...................................................................................................................517

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Chapter 1 - Law Enforcement Role and Authority

100 Law Enforcement Authority


100.1 PURPOSE AND SCOPE
Law enforcement officers are granted the authority to perform their function based on
established legal authority. This department does not tolerate abuse of law enforcement
authority.

100.2 PEACE OFFICER POWERS


Special Agents of this department shall be considered peace officers pursuant to Penal Code
830.1(b). The authority of any such peace officer extends to any place in the State of California.

100.2.1 OTHER AUTHORITY


Sworn members of this department have Oregon peace officer authority whenever the
investigator enters Oregon in order to provide or attempt to provide specific law enforcement
assistance and such assistance occurs no more than 50 miles from the California border.

Pursuant to Oregon law, such authority shall only apply when the investigator has entered
Oregon:

a. In response to a request for law enforcement assistance initiated by an Oregon sheriff,


constable, marshal, municipal police officer or member of the Oregon State Police.

b. In response to a reasonable belief that emergency law enforcement assistance is


necessary to preserve life, and circumstances make it impractical for Oregon law
enforcement officials to formally request assistance.

c. For the purpose of assisting Oregon law enforcement officials with emergency
assistance in response to criminal activity, traffic accidents, emergency incidents or
other similar public safety situations, regardless of whether an Oregon law enforcement
official is present at the scene of the incident.

Whenever practicable, investigators should seek permission from a department supervisor


before entering Oregon to provide law enforcement services. As soon as practicable,
investigators exercising law enforcement authority in Oregon shall submit any appropriate
written reports concerning the incident to the Oregon agency having primary jurisdiction over the
area in which the incident occurred.

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Investigators who enter Oregon to assist in such situations have no authority to enforce Oregon
traffic or motor vehicle laws.

100.3 CONSTITUTIONAL REQUIREMENTS


All employees shall observe and comply with every persons clearly established rights under the
United States and California Constitutions.

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102 Director
102.1 PURPOSE AND SCOPE
The California Commission on Peace Officer Standards and Training (POST) has mandated
that all sworn officers employed within the State of California shall receive certification by POST
within prescribed time periods.

102.1.1 DIRECTOR REQUIREMENTS


Any Director of this division shall, as a condition of continued employment, complete the course
of training prescribed by POST and obtain the Basic Certificate by POST within two years of
appointment.

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106 Policy Manual
106.1 PURPOSE AND SCOPE
The California Department of Justice Law Enforcement Policy & Procedures Manual of the
Division of Law Enforcement (Division) and Division of Criminal Law, Bureau of Medi-Cal Fraud
and Elder Abuse (BMFEA) is hereby established and shall be referred to as "The Policy
Manual." The Policy Manual is a statement of the current policies and guidelines of this
department.

Except where otherwise expressly stated, the provisions of this manual shall be considered as
guidelines. It is recognized, however, that police work is not always predictable and
circumstances may arise which warrant departure from these guidelines. It is the intent of this
manual to be viewed from an objective standard, taking into consideration the sound discretion
entrusted to members of this department under the circumstances reasonably available at the
time of any incident.

106.2 RESPONSIBILITIES
The ultimate responsibility for the contents of the manual rests with the Director. Since it is not
practical for the Director to prepare and maintain the manual, the following delegations have
been made:

106.2.1 DIRECTOR
The Director shall be considered the ultimate authority for the provisions of this manual and
shall continue to issue General Orders which shall modify those provisions of the manual to
which they pertain. General Orders shall remain in effect until such time as they may be
permanently incorporated into the manual.

106.2.2 STAFF
Staff shall consist of the following:

Director

Deputy and/or Assistant Director

The Bureau Chief and/or Assistant Bureau Chief from each bureau

The staff shall review all recommendations regarding proposed changes to the manual at staff
meetings.

Department of Justice Law Enforcement Policy & Procedures Manual Page | 4


106.2.3 OTHER PERSONNEL
All Department employees suggesting revision of the contents of the Policy Manual shall
forward their suggestion, using a Proposed Revision to the Division of Law Enforcement Policy
and Procedures Manual (DLE 181) form, through their chain of command. If approved, the
employees Bureau Chief or the BMFEA Director will then forward the DLE 181 to the Office of
the Director for consideration.

106.3 FORMATTING CONVENTIONS FOR THE POLICY MANUAL


The purpose of this section is to provide examples of abbreviations and definitions used in this
manual.

106.3.1 ACCEPTABLE ABBREVIATIONS


The following abbreviations are used throughout the manual:

AFTP - Asset Forfeiture Tracking Program

ASI - Automated Subject Index

ATRS - Automated Training Record System

BFS - Bureau of Forensic Services

BGC - Bureau of Gambling Control

BI - Bureau of Investigation

BMFEA - Bureau of Medi-Cal Fraud and Elder Abuse

BOF - Bureau of Firearms

CFR - Code of Federal Regulations

CFS - Computer Forensic Specialist

CHP - California Highway Patrol

CID - Case Intake and Development

CIMS - Case Information Management System

CSII - California State Intelligence Index

Department of Justice Law Enforcement Policy & Procedures Manual Page | 5


DAG - Deputy Attorney General

DAS - Division of Administrative Support

DCJIS - Division of California Justice Information Services

DGS - California Department of General Services

DLE - Division of Law Enforcement

DMV - California Department of Motor Vehicles

DOJ - California Department of Justice

DOJAM - California Department of Justice Administrative Manual

DSB - Departmental Services Bureau

EATS - Evidence Automated Tracking System

FBI - Federal Bureau of Investigation

FPU - Facilities Protection Unit

IA - Investigative Auditor

IAS - Investigative Auditor Supervisor

MOU - Memorandum of Understanding

OD - Office of the Director

POST - California Commission on Peace Officer Standards and Training

PSG - Professional Standards Group

SAC - Special Agent in Charge

SAM - California State Administrative Manual

SAS - Special Agent Supervisor

SDAG - Supervising Deputy Attorney General

TFC - Task Force Commander

Department of Justice Law Enforcement Policy & Procedures Manual Page | 6


WSIN - Western States Information Network

General Orders may be abbreviated as "G.O."

Policy Manual sections may be abbreviated as "Section 106.X" or " 106.X"

106.3.2 DEFINITIONS
The following words and terms shall have these assigned meanings, unless it is apparent from
the content that they have a different meaning:

Adult - Shall mean any person 18 years of age or older

Assistant Chief - Shall mean the Assistant Chief of a bureau or of the Office of the Director,

Executive Unit.

Assistant Director - Shall mean the Assistant Director of the Division.

Assistant Laboratory Director - Shall mean the Criminalist Supervisor who oversees the

operation of a Bureau of Forensic Services unit or program.

Base Station Operator - The regional office/task force employee operating the radio base

station. For BMFEA staff, the base station operator is the CHP dispatcher.

Bureau - Shall mean a bureau of the Division.

Bureau Chief - Shall mean the Bureau Chief of a bureau.

Chief of Investigations - Shall mean the Chief in charge of all BMFEA sworn personnel.

Chief of Prosecutions - Shall mean the Chief in charge of all BMFEA legal staff.

Civilian - Employees and volunteers who are not sworn peace officers.

Command Center - Shall mean the Command Center, Bureau of Criminal Information and

Analysis, DCJIS.

Department - The California Department of Justice.

Deputy Director - Shall mean the Deputy Director of the Division.

Director - Shall mean the Director of the Division.

Division - Shall mean the Division of Law Enforcement.

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DLE Policy Manual Coordinator - Shall mean the employee who is assigned by the Assistant
Chief of the Office of the Director, Executive Unit to maintain this manual.

Employee/Personnel - Shall apply to any person employed by the Department.

Agent/Sworn - Applies to those employees, regardless of rank, who are sworn employees of the

California Department of Justice as defined by Penal Code 830.1(b).

Juvenile - Any person under the age of 18 years.

Laboratory Director - Shall mean the Criminalist Manager who directs the activities of a BFS

regional laboratory or program.

Manager - Shall mean the person who directs the activities of a bureau section or program.

Manual - Shall refer to the Department of Justice, Division of Law Enforcement Policy Manual.

On-Duty - Employee status during the period when he/she is actually engaged in the

performance of his or her assigned duties.

Order - An instruction, either written or verbal, issued by a superior.

ProLaw - A case information management system.

Rank - Shall mean the title of the classification held by an employee.

Regional Management - Shall mean the senior supervisory or managerial position at any

regional office or regional laboratory.

Regional Laboratory - Shall mean any Department-owned or -leased facility that is occupied by
a BFS laboratory.

Regional/Field Office/Facility - Shall mean any Department-owned or -leased facility that is


occupied by a DLE office.

RISSgate - A portal to the Regional Information Sharing System Network.

RISSNET - Regional Information Sharing System Network managed by the WSIN.

Shall - Indicates a mandatory action.

Should - Indicates a generally required or expected action, absent a rational basis for failing to

conform.

State - The State of California.

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Task Force - Any task force that is managed by any bureau of this division.

106.3.3 DISTRIBUTION OF MANUAL


A computerized version of the Policy Manual will be made available on the Department network
for access by all employees. The computerized version will be limited to viewing and printing.

No changes shall be made to the electronic version without authorization from Staff.

106.4 MANUAL ACCEPTANCE


As a condition of employment, all employees are required to read and obtain necessary
clarification of this departments policies within 30 days of hiring. All employees are required to
sign an Acknowledgement of DLE Policy and Procedure Manual and General Orders form (DLE
187) acknowledging that they have received a copy, or have been provided access to the Policy
Manual and understand they are responsible to read and become familiar with its contents. The
signed DLE 187 shall be maintained in the employees personnel file at his/her work location.

106.4.1 REVISIONS TO POLICIES


All employees are responsible for keeping abreast of all Policy Manual revisions. All changes to
the Policy Manual will be posted on the Department Intranet under the title Publications. Each
employee shall review the revisions and seek clarification as needed.

106.5 Not subject to disclosure due to agent safety concerns

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106.5.1 Not subject to disclosure due to agent safety concerns

Department of Justice Law Enforcement Policy & Procedures Manual Page | 10

106.5.2 Not subject to disclosure due to agent safety concerns

106.5.3 CALIFORNIA PEACE OFFICERS LEGAL SOURCEBOOK


The California Peace Officers Legal Sourcebook is updated bimonthly and is available to all
DOJ staff through Copware Inc., the sole authorized electronic vendor. To access the California
Peace Officers Legal Sourcebook online, log on to http://library.copware.com.

a. New users must first register for an account by following the instructions in the Create an
Account section, entering their DOJ e-mail address and selecting DOJ from the drop-
down list of departments. Upon registration, Copware will send an assigned password to
the registrants DOJ e-mail address.

b. Returning users may access the California Peace Officers Legal Sourcebook by entering
their DOJ e-mail address and Copware password in the Member Login section. If
necessary, click Forgot your password or Reset your password.

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c. If additional support is required, contact Copwares technical support staff at

support@copware.com or 877-COPWARE.

106.5.4 BFS QUALITY MANAGEMENT SYSTEM


The BFS Quality Management System is a collection of administrative and technical policies
and procedures developed in compliance with accrediting organizations. Nothing in this manual
is intended to supersede any part of the BFS Quality Management System. In the event of a
difference in policies or procedures between this manual and the Quality Management System,
BFS employees are instructed to comply with the Quality Management System.

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Chapter 2 - Organization and Administration

200 Organizational Structure and Authority


200.1 PURPOSE AND SCOPE
The organizational structure of this department is designed to create an efficient means to
accomplish our mission and goals and to provide for the best possible service to the public.

200.1.1 AUTHORITY
The Division of Law Enforcement was created in 1972 to assist State and local criminal justice
agencies in the coordination of law enforcement efforts, assist the Attorney General in his/her
role as attorney for the people of the State of California, and perform special tasks as directed
by the Attorney General or the Governor. The Division of Law Enforcement derives its authority
from the power vested in the Attorney General by Article V, Section 13 of the State Constitution,
as well as various bureau-specific statutes.

200.2 ORGANIZATION
The Director is responsible for administering and managing the Division of Law Enforcement.
The Division is organized into five elements as follows:

Office of the Director

Bureau of Firearms

Bureau of Forensic Services

Bureau of Gambling Control

Bureau of Investigation

200.2.1 Not subject to disclosure due to agent safety concerns

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200.2.2 BUREAU OF FIREARMS
The Bureau of Firearms (BOF) joined the Division of Law Enforcement in 2007. The BOF
regulates and enforces the manufacture, sales, ownership, and transfer of firearms in California.
The BOF is divided into five sections: the Firearms Licensing and Permits Unit, the Firearms
Information Services Unit, the Firearms Clearance Section, the Administration/Special
Assignments Unit, and the Field Enforcement Section. The BOF maintains offices in Northern
and Southern California. Task forces are also established within the regional offices.

200.2.3 BUREAU OF FORENSIC SERVICES


The Bureau of Forensic Services (BFS) laboratory system was created in 1972 to help the
Attorney General support a uniform quality of justice by providing forensic science services to
law enforcement and prosecutorial agencies. The BFS provides forensic science support, expert
testimony, and crime scene investigations for local, State and Federal law enforcement
agencies and district attorneys offices in 47 of Californias 58 counties. In addition, the BFS
operates the largest working DNA data bank in the country.

200.2.4 BUREAU OF GAMBLING CONTROL


The Bureau of Gambling Control (BGC) joined the Division of Law Enforcement in 2007. The
BGC regulates legal gambling activities in California to ensure that gambling is conducted
honestly, competitively and free from criminal and corruptive elements. The BGC is divided into
six sections: Office of the Bureau Chief, Administration, Audits, Tribal Liaison, Licensing and
Compliance, and Enforcement. The BGC is routinely called upon by local, state, and federal law
enforcement agencies to assist with illegal gambling investigations.

200.2.5 BUREAU OF INVESTIGATION


The Bureau of Investigation (BI) was created in 2012, the product a merging of two former
bureaus: the Bureau of Narcotic Enforcement and Bureau of Investigation and Intelligence. The
BI provides investigative support to the Attorney General and primarily focuses on transnational
gangs, organized crime, major fraud and narcotics. The BI consists of Special Investigations
Teams, Special Operations Units, the Task Force Program, the Department of Conservation
Program, the Foreign Prosecutions and Law Enforcement Unit, the Campaign Against
Marijuana Planting and the Anti-Terrorism Program.

200.3 COMMAND PROTOCOL

200.3.1 SUCCESSION OF COMMAND


The Director exercises command over all personnel in the Division. Authority from the Director
extends through the Deputy or Assistant Director to the Chief of each bureau, who is
responsible for directing the activities of his/her bureau.

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During planned absences, the DLE Director will designate the Deputy or Assistant Director or a
Bureau Chief to serve as the acting Director. The Director will designate, in writing, in order of
priority who will act as the Director in his/her absence. The chain of command memorandum
shall include the names of persons in the chain of command and their contact information. A
copy of this memorandum shall be forwarded to the DCJIS Command Center and to all persons
in the chain of command. A copy, without home phone numbers, is to be posted in an area
accessible to all employees. The memorandum will be updated as necessary to reflect the
current chain of command as personnel changes dictate. The required distribution shall be
reflected in the memorandum. In the event of absence of the Director and Deputy or Assistant
Director, the next person on the list shall take charge.

A chain of command memorandum is to be prepared, distributed, posted and updated as


described above by the Bureau Chiefs, by every regional manager with a copy to bureau
headquarters, and by every TFC with copies to the SAC and the task force council/board.

Except when designated as above, the order of command authority in the absence or
unavailability of the DLE Director is as follows:

a. Deputy or Assistant Director

b. Bureau Chief

Except when designated as above, the order of command authority in the absence or
unavailability of the BMFEA Director is as follows:

a. Chief of Investigations

b. Chief of Prosecutions

c. Designated Special Agent in Charge

In the absence of a Deputy Director or Assistant Director, all references to the Deputy or
Assistant Director in this manual shall be interpreted to mean the Director or his/her designee.

200.3.2 UNITY OF COMMAND


The principles of unity of command ensure efficient supervision and control within the
Department. Generally, each employee shall be accountable to one supervisor at any time for a
given assignment or responsibility. Except where specifically delegated authority may exist by
policy or special assignment (e.g., clandestine lab, Honor Guard), any supervisor may
temporarily direct any subordinate if an operational necessity exists.

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200.3.3 ORDERS
Employees shall respond to and make a good faith and reasonable effort to comply with the
lawful order of superior officers and other proper authority.

Supervisors, or anyone acting in such capacity, are held responsible for all orders issued to
those under their command. Absent exigent circumstances, no supervisor shall issue any order
that is contradictory to any established law, regulation, or Division or Department policy.

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204 General Orders
204.1 PURPOSE AND SCOPE
General Orders establish an intra-division communication that may be used by the Director to
make immediate changes to policy and procedure consistent with the current Memorandum of
Understanding and as permitted by Government Code 3500 et seq. General Orders will
immediately modify or change and supersede sections of this manual to which they pertain.

204.1.1 GENERAL ORDER PROTOCOL


General Orders will be incorporated into the manual as required upon approval of Staff. General
Orders will modify existing policies or create a new policy as appropriate and will be rescinded
upon incorporation into the manual.

All existing General Orders have now been incorporated in the updated Policy Manual as of the
below revision date.

Any General Orders issued after publication of the manual shall be numbered consecutively
starting with the year, followed by the number. For example, 2009-01 signifies the first General
Order for the year 2009.

204.2 RESPONSIBILITIES

204.2.1 STAFF
The staff shall review and approve revisions of the Policy Manual, which will incorporate
changes originally made by a General Order.

204.2.2 DIRECTOR
The Director shall issue all General Orders.

204.3 ACCEPTANCE OF GENERAL ORDERS


All employees are required to read and obtain any necessary clarification of all General Orders.
All employees may be required to acknowledge in writing the receipt and review of any new
General Order.

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206 California Emergency Plan
206.1 PURPOSE AND SCOPE
The State has prepared the California Emergency Plan (Plan) for use by all employees in the
event of a major disaster or other emergency event. The Plan provides for a strategic response
by all employees and assigns specific responsibilities in the event that the plan is activated
(Government Code 8610).

206.2 ACTIVATING THE EMERGENCY PLAN


The Plan can be activated in a number of ways. For the Department, the Attorney General or
the highest ranking official on duty may activate the Plan in response to a major emergency.

206.3 LOCATION OF MANUALS


The Plan is available on the California Emergency Management Agencys Web site at
www.calema.ca.gov. The Departments roles and responsibilities are specified in section 14.7
of the California Emergency Plan. All supervisors should familiarize themselves with the Plan
and what roles personnel will play when the plan is implemented.

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208 Training Policy
208.1 PURPOSE AND SCOPE
It is the goal of this department to administer a training program that will provide for the
professional growth and continued development of its personnel.

208.2 PHILOSOPHY
The Department seeks to provide ongoing training and encourages all personnel to participate
in advanced training and formal education on a continual basis. Training is provided within the
confines of funding, requirements of a given assignment, staffing levels, and legal mandates.
Whenever possible, the Department will use courses certified by the California Commission on
Peace Officer Standards and Training (POST).

208.3 OBJECTIVES
The objectives of the Training Program are to:

a. Enhance the level of law enforcement service to the public.

b. Increase the technical expertise and overall effectiveness of our personnel.

c. Provide for continued professional development of Department personnel.

208.7 TRAINING PROCEDURES


a. All employees assigned to attend training shall attend as scheduled unless previously
excused by their immediate supervisor. Excused absences from mandatory training
should be limited to the following:

1. Court appearances

2. First choice vacation

3. Sick leave

4. Physical limitations preventing the employee's participation.

5. Emergency situations

b. When an employee is unable to attend mandatory training, that employee shall:

1. Notify his/her supervisor as soon as possible but no later than one hour prior to the
start of training.

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2. Document his/her absence in a memorandum to his/her supervisor.

3. Make arrangements through his/her supervisor and the training provider to attend the
required training on an alternate date.

208.9 RESPONSIBILITIES
The DLE Training Officer is assigned to the Office of the Director. His/her responsibilities are to
oversee DLE in-service training and to review and approve/deny training requests for all
employees.

Regional management shall each appoint an employee to act as the regional Training
Coordinator. The regional manager shall ensure that the Training Coordinator receives the
appropriate orientation and training to perform the required duties.

The Training Coordinator will track all completed training in the Automated Training Record
System (ATRS) for all employees assigned to their regional office/lab, except non-DLE task
force personnel. The ATRS Manual provides detailed instructions for the Training Coordinators.
Annual printouts from the ATRS indicating the employee's training history are to be placed in
the employee's training file.

Task forces are to maintain training files for all their employees who receive training while
assigned to a DOJ task force.

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211 Publishing Division Web Pages
211.1 PURPOSE AND SCOPE
The purpose of this policy is to further define the guidelines found in DOJAM 15600 et seq. for
the publication of information presented on the Departments Internet, Intranet, and Extranet by
members of this division.

211.2 RESPONSIBILITIES
The Division Web Coordinator, a member of the Office of the Director, is the employee
designated by the Division to submit Web content to the DCJIS Departmental Services Bureau
(DSB).

Each bureau shall assign an Information Provider as defined by DOJAM 15613. The Bureau
Information Provider is responsible for ensuring that all Web content submitted to the Division
Web Coordinator is accurate and in compliance with the provisions of DOJAM 15600-15640.

211.3 PROCEDURES
No DLE employee, program, or bureau may create or modify a Web site for presentation of
information about a DLE program without the advance approval of the Deputy or Assistant
Director.

Each Bureau Information Provider must obtain the approval of his/her Bureau Chief prior to
submitting any request for addition, revision, or removal of Web content to the Division Web
Coordinator. Requests are to be submitted electronically in their final format, free of
typographical errors, and should include both the current and proposed versions of the page(s),
if applicable.

The Division Web Coordinator will secure the approval of the Deputy or Assistant Director and
coordinate with DSB to facilitate placement of approved content on the Departments
Internet/Intranet/Extranet Web pages.

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214 Administrative Communications
214.1 PURPOSE AND SCOPE
Administrative communications of this division are governed by the DOJAM, the Task Force
Manual, and Administrative Bulletins.

SACs/Lab Managers are responsible for communication between the employees assigned to
their programs, bureau headquarters, task forces, the Office of the Director, and DAS. In order
to keep supervisors and staff informed, and to minimize work interruptions, official requests for
information are to be routed through the office chain of command.

214.5 SIGNATURE AUTHORITY


All memorandum and letterhead communications shall be signed by the Director, Deputy or
Assistant Director, Bureau Chief, Assistant Bureau Chief, SAC, TFC, or manager of the section.
Unless specifically directed to do so, agents and non-managerial staff shall not sign official
communications.

Use of a facsimile signature shall be limited to Bureau Chiefs, Assistant Chiefs, SACs and
TFCs. Under no circumstances shall a facsimile signature be used to approve the original
request for expenditure of state or task force funds.

Facsimile signatures may be used within the CIMS report writing system, in that the facsimile
signature is included at the end of the report when it is approved by the supervisor. The report
and signature are maintained as original documents in the CIMS database.

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220 Retired Agent CCW Endorsements
220.1 PURPOSE AND SCOPE
The purpose of this policy is to outline the process and conditions associated with the issuance,
revocation, and denial of concealed weapons (CCW) endorsements for retired agents of this
department.

220.2 QUALIFIED RETIREES


Any full-time sworn agent of this department who was authorized to, and did, carry a concealed
firearm during the course and scope of their employment shall be issued an identification card
with a "CCW Approved" endorsement upon honorable retirement (Penal
Code 25455).

a. For the purpose of this policy, "honorably retired" includes all peace officers, as defined
in Penal Code 830.1(b) and 830.4(c), who have qualified for, and accepted, a service
or disability retirement; however, shall not include any agent who retires in lieu of
termination.

b. No "CCW Approved" endorsement shall be issued to any agent retiring because of a


psychological disability (Penal Code 26305(a)).

c. A CCW Approved endorsement authorizes an honorably retired peace officer to carry a


concealed and loaded firearm in the State of California. Under no circumstances does it
confer upon the retiree any peace officer powers, official status with the Department or
the authority to act on the Departments behalf.

d. A CCW Approved endorsement issued pursuant to this section is valid for five (5) years
from the date of issuance.

220.3 MAINTAINING A CCW ENDORSEMENT


In order to maintain a "CCW Approved" endorsement on an identification card, the retired agent
shall:

a. Qualify with the authorized firearm at a course approved by this department, at the
retired agents expense.

b. Remain subject to all department rules and policies as well as all federal, state and local
laws.

c. Only be authorized to carry a concealed firearm inspected and approved by the

Department.

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d. Petition the Department for renewal of the CCW endorsement (Penal Code 25915)
prior to the expiration date on the card by submitting an Application for Retired Peace
Officer Identification (DLE 233). The application form is available on the Departments
Intranet or by contacting the Bureau of Firearms.

220.4 CARRYING CONCEALED FIREARMS OUT OF STATE


Notwithstanding any other provision of the law of any state, or any political subdivision thereof,
qualified retired agents may be authorized to carry a concealed weapon in other states (18
United States Code 926C).

As used in this section, qualified retired law enforcement officer includes any peace officer
listed in Penal Code 830.1(b) who:

a. Retired in good standing from service with this department as a law enforcement officer
for reasons other than mental instability; and

b. Before retirement, was regularly employed as a law enforcement officer for an


aggregate of 15 years or more; or, retired due to a service-connected disability after
completing any applicable probationary period; and

1. Has a nonforfeitable right to benefits under the retirement plan of this department;
and

2. Is not prohibited by Federal law from receiving a firearm; and

3. During the most recent 12-month period, and annually thereafter, at the retirees own
expense, was tested or otherwise found to meet the standards established by this
department for training and qualification for active law enforcement officers to carry a
firearm.

c. As used in this section, the term firearm does not include any machinegun (as defined
in Section 5845 of the National Firearms Act), any firearm silencer (as defined in 18
United States Code 921) or a destructive device (as defined in 18 United States Code
921).

d. A CCW Approved endorsement issued pursuant to this section is valid for one (1) year.

220.5 IDENTIFICATION CARD FORMAT


The identification card issued to any qualified and honorably retired agent shall be two inches by
three inches and minimally contain the following (Penal Code 25460(c)):

a. Photograph of the retiree.

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b. Retirees name and date of birth.

c. Date of retirement.

d. Name and address of this department.

e. A stamped endorsement "CCW Approved" along with the date by which the
endorsement must be renewed. In the case in which a CCW endorsement has been
denied or revoked, the identification card shall be stamped "No CCW Privilege.

f. If applicable, a notation that This person is in compliance with 18 U.S.C. 926C(c).

220.6 DENIAL OR REVOCATION OF CCW ENDORSEMENT


The CCW endorsement under Penal Code 25455 for any agent retired from this department
may be denied or permanently revoked only upon a showing of good cause. Any denial or
revocation under this section shall also be considered disqualification under 18 U.S.C.
926C(d). The CCW endorsement may be immediately and temporarily revoked by the Director
or designee when the conduct of a retired peace officer compromises public safety. Good
cause, if challenged, shall be determined in the following manner:

a. In the event that a CCW endorsement is initially denied, the retired agent shall have 15
days from the date of denial to request a formal hearing. The failure to submit a timely
written request for a hearing shall be deemed a waiver of such right. The hearing,
absent written agreement between the parties, shall be held no later than 120 days after
the request by the retired agent for a hearing is received.

b. Prior to revocation of any CCW endorsement, the Department shall provide the affected
retiree with written notice of the right to a hearing by either personal service or first class
mail, postage prepaid, return receipt requested to the retirees last known address
(Penal Code 26315).

1. In addition to the mandates specified in statute, the written notice provided by the
Department will articulate the basis for denial.

2. The retiree shall have 15 days from the date of service to file a written request for a
hearing.

3. The hearing, absent written agreement between the parties, shall be held no later
than 120 days after the request is received.

4. The failure to submit a timely written request for a hearing shall be deemed a waiver
of such right.

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c. The hearing for the denial or revocation of any CCW endorsement shall be composed of
three members, one selected by the Department, one selected by the retiree or his/her
employee organization and one selected jointly (Penal Code 26320(a)).

1. The decision of such hearing board shall be binding on the Department and the
retiree.

2. Any retiree who waives the right to a hearing or whose CCW endorsement has been
revoked at a hearing shall immediately surrender his/her identification card. The
Department will then reissue a new identification card which shall be stamped No
CCW Privilege.

220.6.1 SAC RESPONSIBILITY


Employees who have reason to suspect a retiree's conduct has compromised public safety
should notify the SAC as soon as practical; the SAC should promptly notify the PSG SAC.
Additionally, the PSG may receive subsequent arrest notification indicating that a retirees
conduct has compromised public safety. The PSG SAC should take the following steps in these
instances:

a. Take appropriate steps to promptly look into the matter and notify the Deputy or

Assistant Director of his/her findings.

b. If warranted, contact the retiree in person and advise him/her in writing of the following:

1. The retiree's CCW endorsement is immediately and temporarily revoked.

2. The retiree will have 15 days to request a hearing to determine whether the
temporary revocation should become permanent.

3. The retiree will forfeit his/ her right to a hearing and the CCW endorsement will be
permanently revoked if the retiree fails to respond to the notice of hearing within the
15-day period.

c. A current copy of Penal Code 26305 through 26325 should be attached to the written
notice.

d. In the event that personal contact with the retiree cannot be reasonably achieved in a
timely manner, the PSG SAC should attempt to make the above notice of temporary
suspension through another peace officer. For example, if a retiree was arrested or
detained by a local law enforcement agency, the PSG SAC may request that a peace
officer of that agency act as the Department's agent to deliver the written notification.

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e. Notification of the temporary suspension should also be promptly mailed to the retiree
via first class mail, postage prepaid, return receipt requested (Penal Code 26312(a)).

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221 Peer Support Program

221.1 PURPOSE AND SCOPE


Historically, Division of Law Enforcement (DLE) employees have had an Employee Assistance
Program (EAP) to assist them when dealing with troubling problems or traumatic incidents.
Research dealing with work-related stresses and illnesses has shown that people also turn to
peers for support.

The Peer Support Program (Program) is a voluntary and confidential program for all employees
and their families. The Program is comprised of volunteer Peer Support Counselors
(Counselors) who are trained to be effective listeners, to help clarify problems and to identify
options to resolve those problems. The purpose of the Program is to provide support for work-
related problems before they become acute. The Program is not intended to replace the EAP,
the Law Enforcement Chaplaincy, or privately-acquired counseling services. It is also not
intended as a substitute for dispute resolution between supervisors and employees on issues
related to performance or discipline.

Because the Program is strictly voluntary, its operation is dependent upon the availability and
interest of a sufficient number of participants. This policy is applicable when the Program is
operative.

221.2 PROGRAM ADMINISTRATION


The Program will be administered by a Peer Support Coordinator (Coordinator). The
Coordinator shall be selected from the ranks of the volunteer Peer Support Counselors by the
Director. The Coordinator shall report to the PSG SAC. The Coordinator is responsible for
maintaining liaison and communication with the PSG SAC and Counselors. Program
development and policy will be proposed by the Coordinator and approved by the PSG SAC. In
addition, the Coordinator will be responsible for the following administrative duties:

a. Budgetary concerns that involve expenses for the training, equipment, and materials
necessary for the program.

b. Ensure that the Counselors are carrying out their duties in accordance with their training.

c. Ensure that statistical information is collected by the Counselors, correlated, and

forwarded to the PSG SAC on a monthly basis.

d. Act as a liaison between management and the Counselors.

1. Handle all questions concerning the Program, its direction, procedures, and conduct
of the Counselors.

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2. Promote awareness of the Program to Division management, and ensure that
management is also represented by providing training to management personnel and
their inclusion in the Program.

e. Develop and maintain employee awareness of the availability of the Program through
information and training.

f. Develop and maintain contact with resources and referrals such as the Law Enforcement
Chaplaincy, the EAP, and other Peer Support Programs throughout the state.

g. Pre-approve all contacts made by Counselors.

221.3 QUALIFICATIONS AND SELECTION - PEER SUPPORT COUNSELORS


Peer Support Counselors are selected through a process. The applicants must possess good
interpersonal skills and are required to agree to a two-year commitment to the Program. They
must attend training as required by the Commission on Peace Officer Standards and Training
(POST), as well as attend membership meetings.

The DLE is committed to selecting Peer Support Counselors with varied ethnic, cultural, gender,
and life experiences. Peer Support Counselors will be selected by the Director, based upon the
recommendations of the applicants respective Bureau Chiefs and the Coordinator. Active or
retired DOJ peace officers who are interested in becoming Peer Support Counselors must
submit a memorandum to the Program Coordinator, via the applicants chain of command,
expressing his/her interest in becoming a Peer Support Counselor. The memorandum must
address the following criteria:

a. Willingness to attend required meetings and training sessions.

b. Willingness to keep and forward statistics to the Coordinator on a monthly basis, utilizing
the Volunteer Peer Support Counselor Monthly Activity Summary form (DLE 237).

c. Willingness to commit to a two-year term in the Peer Support Program.

d. Willingness to respond to calls in a timely manner, during both on- and off-duty hours.

e. Willingness to immediately notify the Coordinator of any changes to his/her contact


numbers.

Applicants must demonstrate through an oral interview an understanding of the concept of


confidentiality, and non-judgmental thinking. Additionally, in order to be considered, the
applicant must have received a minimum overall rating of standard on his/her three most
recent annual performance evaluations.

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The decision to remove any Peer Support Counselor from the Program will be made by the
Office of the Director with input from the Coordinator. A Counselor may remove him/herself
from the Program by providing the Coordinator with written notification.

221.4 TRAINING
Counselors are trained to be effective listeners, provide feedback, clarify issues, and help
employees identify options for problem resolution by providing information and/or referrals.
Peer Support Counselors are not therapists. When an employee appears to require special
assistance beyond the scope of the Peer Support Program, the employee will be referred to the
EAP, the Law Enforcement Chaplaincy, or privately-acquired therapy or counseling services.

All initial Peer Support training will be completed through a POST-certified Peer Counseling
course. All Peer Support Counselors should attend a Peer Counseling course once every two
years. All Peer Support Counselors must attend all additional training and meetings as required
or requested by the Coordinator.

221.5 DEPLOYMENT
All participation in peer support will be strictly voluntary. In most cases, the contact will be
initiated by the person seeking assistance. Employees desiring peer support may contact the
Coordinator or may contact individual Counselors directly. There will be no mandatory referrals
of DLE employees to the Peer Support Program, nor will Counselors be ordered to initiate
contact with DLE employees. This does not preclude a Counselor from initiating a voluntary
contact when learning an employee is facing a job or personal crisis. The employees
participation in such peer support contact shall be voluntary.

221.6 CRITICAL INCIDENT STRESS RESPONSE


In the event of a critical incident, Counselors may be called to assist. Critical incident stress
response should be offered to all DLE employees who are involved, directly or indirectly, in a
critical incident. The objective of the response is to alleviate the potential problem of the intense
emotional reactions to dysfunctional post-traumatic stress symptoms. The Peer Support
Programs immediate response to critical incidents is defined in Section II.M. of the Critical
Incident Manual. Further peer support may be offered in any of the following forms:

a. Informal Group Intervention - An informal group intervention may be provided to the


employees involved in various aspects of the critical incident, validating their reaction
and mitigating their symptoms in a small, supportive group environment, facilitated by
trained DLE representatives. When needed, an informal group intervention will be
scheduled at the end of the shift during which the critical incident occurred. The
Counselors will conduct the intervention.

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b. Formal Group Intervention/Critical Incident Stress Debriefing (CISD) - When
needed, a formal group intervention will be scheduled by the Coordinator to occur within
24-72 hours of the critical incident. Employees directly involved in the critical incident
will be invited to attend the formal group intervention on a voluntary basis. A formal
group intervention is conducted in an open forum designed to reduce critical incident
stress experienced by personnel.

c. Follow-up Intervention - Follow-up intervention might include, but is not limited to,
referrals to professional counseling, therapy and/or the Law Enforcement Chaplaincy,
additional peer support contact, or follow-up group sessions regarding the unresolved
issues.

221.7 CONFIDENTIALITY
In order for the Program to succeed, confidentiality must be held in the highest regard.
Communications between employees and Peer Support Counselors are confidential; however,
subject to disclosure as follows:

a. Communications between employees and Peer Support Counselors are not privileged
and must be disclosed when required by law, legal process, or policy.

b. Counselors shall advise employees that confidentiality will be maintained, except when
disclosure is required by law, legal process, or policy. Instances where communications
must be disclosed include, but are not limited to, the following:

1. The Counselor shall disclose communications as required by state or federal law, or


Departmental policy.

2. Communication received by the Counselor shall be disclosed as required during


administrative or criminal investigations.

3. In the case of threatened serious injury against another person, attempts shall be
made to warn the intended victim.

4. When the communication indicates that the employee is a danger to himself/herself,


fellow employees, or the public, the communication will be disclosed.

c. If the Counselor believes a communication is subject to disclosure, he/she shall notify


the Coordinator and discuss his/her intent to disclose the communication unless the
Counselor has been ordered not to discuss an open investigation or active court case.

d. Counselors will not be ordered to disclose information concerning peer support sessions
except as outlined above. After consulting with the Coordinator, the Counselor shall

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determine whether information requested must be disclosed based upon the above
criteria.

e. Counselors do not have a right to withhold information when they have independent
knowledge about the event.

f. Supervisors who are Counselors cannot abdicate their supervisory responsibilities when
on duty and confronted by misconduct, disciplinary problems, or other improper actions
on the part of employees.

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Chapter 3 - General Operations

300 Use of Force


300.1 PURPOSE AND SCOPE
This policy recognizes that the use of force by law enforcement requires constant evaluation.
Even at its lowest level, the use of force is a serious responsibility. The purpose of this policy is
to provide agents of this department with guidelines on the reasonable use of force. While there
is no way to specify the exact amount or type of reasonable force to be applied in any situation,
each agent is expected to use these guidelines to make such decisions in a professional,
impartial and reasonable manner.

300.1.1 PHILOSOPHY
The use of force by law enforcement personnel is a matter of critical concern both to the public
and to the law enforcement community. Agents are involved on a daily basis in numerous and
varied human encounters and when warranted, may use force in carrying out their duties.

Agents must have an understanding of, and true appreciation for, the limitations of their
authority. This is especially true with respect to agents overcoming resistance while engaged in
the performance of their duties.

The Department recognizes and respects the value of all human life and dignity without
prejudice to anyone. It is also understood that vesting agents with the authority to use
reasonable force and protect the public welfare requires a careful balancing of all human
interests.

300.1.2 DUTY TO INTERCEDE


Any agent present and observing another agent using force that is clearly beyond that which is
objectively reasonable under the circumstances shall, when in a position to do so, intercede to
prevent the use of such excessive force. Such agents should also promptly report these
observations to a supervisor.

300.2 POLICY
It is the policy of this department that agents shall use only that amount of force that reasonably
appears necessary, given the facts and circumstances perceived by the agent at the time of the
event, to effectively bring an incident under control.

"Reasonableness" of the force used must be judged from the perspective of a reasonable agent
on the scene at the time of the incident. Any interpretation of reasonableness must allow for the

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fact that bureau agents are often forced to make split-second decisions in circumstances that
are tense, uncertain and rapidly evolving about the amount of force that is necessary in a
particular situation.

Given that no policy can realistically predict every possible situation an agent might encounter in
the field, it is recognized that each agent must be entrusted with well-reasoned discretion in
determining the appropriate use of force in each incident. While it is the ultimate objective of
every law enforcement encounter to minimize injury to everyone involved, nothing in this policy
requires an agent to actually sustain physical injury before applying reasonable force.

300.2.1 USE OF FORCE TO EFFECT AN ARREST


Any peace officer that has reasonable cause to believe that the person to be arrested has
committed a public offense may use reasonable force to effect the arrest, to prevent escape, or
to overcome resistance. A peace officer who makes or attempts to make an arrest need not
retreat or desist from his/her efforts by reason of resistance or threatened resistance of the
person being arrested nor shall such officer be deemed the aggressor or lose his/her right to
self defense by the use of reasonable force to effect the arrest or to prevent escape or to
overcome resistance (Penal Code 835a).

300.2.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF


FORCE
When determining whether or not to apply any level of force and evaluating whether an agent
has used reasonable force, a number of factors should be taken into consideration. These
factors include, but are not limited to:

a. The conduct of the individual being confronted (as reasonably perceived by the agent at
the time).

b. Agent/subject factors (age, size, relative strength, skill level, injury/exhaustion and
number of agents vs. subjects).

c. Influence of drugs/alcohol (mental capacity).

d. Proximity of weapons.

e. The degree to which the subject has been effectively restrained and his/her ability to
resist despite being restrained.

f. Time and circumstances permitting, the availability of other options (what resources are
reasonably available to the agent under the circumstances).

g. Seriousness of the suspected offense or reason for contact with the individual.

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h. Training and experience of the agent.

i. Potential for injury to citizens, agents and suspects.

j. Risk of escape.

k. Other exigent circumstances.

It is recognized that agents are expected to make split-second decisions and that the amount of
an agents time available to evaluate and respond to changing circumstances may impact
his/her decision.

While various degrees of force exist, each agent is expected to use only that degree of force
reasonable under the circumstances to successfully accomplish the legitimate law enforcement
purpose in accordance with this policy.

It is recognized, however, that circumstances may arise in which agents reasonably believe that
it would be impractical or ineffective to use any of the standard tools, weapons or methods
provided by the Department. Agents may find it more effective or practical to improvise their
response to rapidly unfolding conditions they are confronting. In such circumstances, the use of
any improvised device or method must nonetheless be objectively reasonable and utilized only
to the degree reasonably necessary to accomplish a legitimate law enforcement purpose.

300.2.3 NON-DEADLY FORCE APPLICATIONS


Any application of force that is not reasonably anticipated and intended to create a substantial
likelihood of death or very serious injury shall be considered non-deadly force. Each agent is
provided with equipment, training and skills to assist in the apprehension and control of
suspects as well as protection of agents and the public.

Non-deadly force applications may include but are not limited to control devices and TASER
described in Policy Manual 308 and 309 respectively.

300.2.4 PAIN COMPLIANCE TECHNIQUES


Pain compliance techniques may be very effective in controlling a passive or actively resisting
individual. Agents may only apply those pain compliance techniques for which the agent has
received departmentally approved training and only when the agent reasonably believes that the
use of such a technique appears necessary to further a legitimate law enforcement purpose.
Agents utilizing any pain compliance technique should consider the totality of the circumstance
including, but not limited to:

a. The potential for injury to the agent(s) or others if the technique is not used.

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b. The potential risk of serious injury to the individual being controlled.

c. The degree to which the pain compliance

technique may be controlled in application according to the level of resistance.

d. The nature of the offense involved.

e. The level of resistance of the individual(s) involved.

f. The need for prompt resolution of the situation.

g. If time permits (e.g., passive demonstrators), other reasonable alternatives.

The application of any pain compliance technique shall be discontinued once the agent
determines that compliance has been achieved.

300.3 DEADLY FORCE APPLICATIONS


While the use of a firearm is expressly considered deadly force, other force might also be
considered deadly force if the agent reasonably anticipates and intends that the force applied
will create a substantial likelihood of causing death or very serious injury. Use of deadly force is
justified in the following circumstances:

(a) An agent may use deadly force to protect himself/herself or others from what
he/she reasonably believes would be an imminent threat of death or serious bodily injury.

(b) An agent may use deadly force to stop a fleeing suspect when the agent has probable
cause to believe that the suspect has committed, or intends to commit, a felony involving the
infliction or threatened infliction of serious bodily injury or death, and the agent reasonably
believes that there is an imminent or future potential risk of serious bodily injury or death to
any other person if the suspect is not immediately apprehended. Under such circumstances,
a verbal warning should precede the use of deadly force, where feasible.

300.3.1 CAROTID RESTRAINT


The proper application of the carotid restraint hold by a trained agent may be effective in quickly
restraining a violent individual. Only agents who have successfully completed department-
approved training on the use of the carotid restraint hold and the department Use of Force
Policy are authorized to use the technique. After initial training, agents shall complete training
biennially on the use of the carotid restraint hold.

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The carotid restraint hold may be used when the agent reasonably believes that the application
of the hold appears necessary to prevent serious bodily injury or the imminent threat of death to
an agent or other person(s).

After any application of any carotid restraint hold, the agent shall ensure the following steps
occur:

a. Any individual who has had the carotid restraint hold applied, regardless of whether
he/she was rendered unconscious, shall be promptly examined by paramedics or other
qualified medical personnel.

b. The agent shall inform any person receiving custody, or any person placed in a position
of providing care, that the individual has been subjected to the carotid restraint hold and
whether the subject lost consciousness as a result.

c. Any agent applying the carotid restraint shall promptly notify a supervisor of the use or
attempted use of such hold.

d. The use or attempted use of the carotid restraint shall be thoroughly documented by the
agent in any related reports.

300.4 REPORTING THE USE OF FORCE


Any use of physical force by a member of this department shall be documented promptly,
completely, and accurately in an appropriate report depending on the nature of the incident. The
use of particular weapons such as chemical agents may require the completion of additional
report forms as specified in departmental policy and/or law.

300.4.1 NOTIFICATION TO SUPERVISORS


Supervisory notification shall be made as soon as practical following the application of physical
force, under any of the following circumstances:

(a) The application of force appears to have caused physical injury.

(b) The individual has expressed a complaint of pain.

(c) Any application of a control device.

(d) The individual has been rendered unconscious.

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300.4.2 MEDICAL ATTENTION FOR INJURIES SUSTAINED USING FORCE
Prior to booking or release, medical assistance shall be obtained for any person who has
sustained visible injury, expressed a complaint of injury or continuing pain, or who has been
rendered unconscious. Based upon the agents initial assessment of the nature and extent of
the subjects injuries, medical assistance may consist of examination by fire personnel,
paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical
attention, such a refusal shall be fully documented in related reports and, whenever practicable,
should be witnessed by another officer and/or medical personnel. If an audio recording is made
of the contact or an interview with the individual, any refusal should be included, if possible.

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to
pain (sometimes called excited delirium), or who require a protracted physical encounter with
multiple agents to bring under control, may be at an increased risk of sudden death and should
be examined by qualified medical personnel as soon as practicable. Any individual exhibiting
signs of distress after such an encounter shall be medically cleared prior to booking.

300.5 SUPERVISOR RESPONSIBILITY


When a supervisor is able to respond to an incident in which there has been a reported
application of force, the supervisor is expected to:

a. Obtain the basic facts from the involved agent(s). Absent an allegation of misconduct or
excessive force, this will be considered a routine contact in the normal course of duties.

b. Ensure that any injured parties are examined and treated.

c. Separately obtain a recorded interview with the subject(s) upon whom force was applied.
If this interview is conducted without the person having voluntarily waived his/her
Miranda rights, the following shall apply:

1. The content of the interview should not be summarized or included in any related
criminal charges.

2. The fact that a recorded interview was conducted should be documented in a report.

3. The recording of the interview should be distinctly marked for retention until all
potential for civil litigation has expired.

d. Once any initial medical assessment or first aid has been completed, ensure that
photographs have been taken of any areas involving visible injury or complaint of pain as
well as overall photographs of uninjured areas. These photographs should also be
retained until all potential civil litigation has expired.

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e. Identify any witnesses not already included in related reports.

f. Review and approve all related reports.

In the event that the supervisor believes that the incident may give rise to potential civil litigation
or media exposure, the Deputy or Assistant Director shall be notified via the chain of command.
Should the supervisor determine that any application of force was not within policy, the Deputy
or Assistant Director shall be notified via the chain of command. Any such notification shall be
made separately. A separate internal administrative investigation may be initiated at the Deputy
or Assistant Directors discretion.

In the event that a supervisor is unable to respond to the scene of an incident involving the
reported application of force, the supervisor is still expected to complete as many of the above
items as circumstances permit.

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302 Critical Incident/Shooting Review Board
302.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a process to review the circumstances surrounding
critical incidents involving employees of this division with the aim of identifying training needs or
necessary changes in investigative procedures to reduce the number of future incidents and
enhance the safety of Division personnel.

302.2 REVIEW BOARD


The DLE Director or Deputy or Assistant Director shall review the incident and, if appropriate,
shall cause a Critical Incident/Shooting Review Board (Board) to be convened in accordance
with this section of the manual. A Board shall also review all work-related accidents resulting in
serious injury to DLE personnel or citizens and may review incidents that result in damage to
private or State-owned property.

302.2.1 COMPOSITION OF THE BOARD


If so determined by the Director or Deputy or Assistant Director, the Office of the Director shall
convene a Critical Incident/Shooting Review Board and set a date for the Board to meet. The
Board shall be chaired by the Deputy Director and shall consist of the following members:

DLE Deputy Director;

DLE Assistant Director;

Senior Assistant Attorney General of the Employment Administration Mandate Section;

Chief of the involved bureau;

Chief of an uninvolved bureau;

DLE Firearms Officer; and

A representative of the employee's union as designated by the president of the union.

Additional personnel, such as criminalists, industrial hygienists, or witnesses may appear at the
request of the Board, or as needed. Other interested Bureau Chiefs may also attend; however, it
may be necessary to conduct a closed session with only the Board members present.

The chairperson shall provide copies of all reports to each Board member prior to convening the
Board.

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302.2.2 FINDINGS OF THE BOARD
Following its deliberations, the Chairperson shall order a report to be prepared that summarizes
the incident and details the Board's conclusions and recommendations as they relate to training,
procedure, equipment, and policy. A copy of the report will be forwarded to the Director, Deputy
or Assistant Director, and the Bureau Chiefs. Bureau Chiefs may distribute the report to their
SACs and Lab Managers.

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304 Shooting Policy
304.1 PURPOSE AND SCOPE
The purpose of the shooting policy is to establish procedures for the use and reporting of
incidents involving the discharge of firearms. This policy is for internal use only and does not
increase the Departments and/or an agents civil or criminal liability in any way. Violations of
this policy can only form the basis for departmental administrative actions.

304.1.1 POLICY
It is the policy of this department to resort to the use of a firearm, when it reasonably appears to
be necessary, and generally:

a. An agent may use deadly force to protect himself/herself or others from what he/she
reasonably believes would be an imminent threat of death or serious bodily injury.

b. An agent may use deadly force to effect the arrest or prevent the escape of a suspected
felon when the agent has probable cause to believe that the suspect has committed or
intends to commit a felony involving the inflicting or threatened inflicting of serious bodily
injury or death and the agent reasonably believes that there is an imminent or future
potential risk of serious bodily injury or death to others if the suspect is not immediately
apprehended. Under such circumstances, a verbal warning should precede the use of
deadly force where feasible.

c. To stop a dangerous animal.

1. In circumstances where agents encounter a dangerous animal or are surprised by an


animal which reasonably appears to pose an imminent threat to the safety of agents
or others, agents are authorized to use deadly force to neutralize such a threat.

2. In circumstances in which agents have sufficient advanced notice that a potentially


dangerous domestic animal (e.g. dog) may be encountered, such as in the serving of
a search warrant, agents should develop reasonable contingency plans for dealing
with the animal without the use of deadly force (e.g. fire extinguisher, Taser, OC
Spray, animal control officer). Nothing in this policy shall prohibit any agent from
resorting to deadly force to control a dangerous animal if circumstances reasonably
dictate that a contingency plan has failed or becomes impractical.

d. With the approval of a supervisor, an agent may euthanize an animal that is so badly
injured that human compassion requires its removal from further suffering and where
other dispositions are impractical (Penal Code 597.1(e)). Injured animals (with the
exception of dogs and cats) may be euthanized after a reasonable search to locate the
owner has been made (Penal Code 597.1(b)). Injured dogs and cats found without

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their owners shall be taken to an appropriate veterinarian for determination of whether
they should be treated or humanely destroyed.

e. For target practice at an approved range.

f. To test the operation of a firearm at an approved range or approved testing site.

Where feasible, a warning should be given before an agent resorts to deadly force as outlined in
(a) and (b) above. A specific warning that deadly force will be used is not required by this policy
only that a warning be given if feasible.

304.1.2 WARNING SHOTS


Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and
may not be discharged unless the agent reasonably believes that they appear necessary,
effective and reasonably safe.

304.1.3 MOVING VEHICLES


Shots fired at or from a moving vehicle are rarely effective and are generally discouraged.

a. Unless it reasonably appears that it would endanger agents or the public, agents are
expected to move out of the path of any approaching vehicle.

b. This is not intended to restrict an agents right to use deadly force directed at the
operator of a vehicle when it is reasonably perceived that the vehicle is being used as a
weapon against the agent or others.

c. Agents may use deadly force to stop a fleeing suspect when the agent has probable
cause to believe that the suspect has committed, or intends to commit, a felony involving
the infliction or threatened infliction of serious bodily injury or death and the agent
reasonably believes that there is an imminent or future potential risk of serious bodily
injury or death to others if the suspect is not immediately apprehended. Under such
circumstances, a verbal warning should precede the use of deadly force when feasible.

304.1.4 REPORT OF WEAPON DISCHARGE


Except during training or recreational use, any member who discharges a weapon, accidentally
or intentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as
circumstances permit. If on-duty at the time of the incident, the member shall file a written report
with his/her Bureau Chief prior to the end of shift and if off-duty, as directed by the supervisor,
but no later than the end of the next regularly scheduled shift. Task force members shall report
shooting incidents to their TFC, who shall then notify the SAC.

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308 Control Devices and Techniques
308.1 PURPOSE AND SCOPE
To reduce and minimize altercation-related injuries to agents and suspects, the Department
authorizes the use of selected control devices. Certain control devices are provided in order to
control violent or potentially violent suspects. It is anticipated that the use of these devices will
generally result in fewer altercation-related injuries to agents and suspects. The below
procedures are for the use and maintenance of control devices (e.g., baton, chemical agents,
etc.). Only those control devices that have been approved by the Director or his/her designee
are authorized to be carried by members of this department.

308.1.1 WHEN DEVICES MAY BE USED


When a decision has been made to restrain or arrest a violent or threatening suspect, an
approved control device may only be used when its use appears reasonable under the
circumstances.

308.1.2 REVIEW, INSPECTION AND APPROVAL


Every control device will be periodically inspected by the Rangemaster, or the designated
instructor for a particular control device.

308.1.3 TRAINING FOR CONTROL DEVICES


a. Only agents trained and having shown adequate proficiency in the use of any control
device and this agencys Use of Force policy are authorized to carry the device.
Proficiency training must be monitored and documented by the Rangemaster.

b. Training for all control devices should occur every two years at a minimum, except as
follows:

1. Agents deploying kinetic energy projectiles will complete bi-annual recertification for
both the 12-gauge and 40 mm munitions.

2. Agents trained and authorized to use distraction devices shall complete one "live"
deployment of the device twice per calendar year. Field deployment during a tactical
operation meets the live deployment requirement.

c. All training and proficiency for control devices will be documented in the agents training
and firearms qualification files and in a report to the Firearms Officer.

d. Agents failing to demonstrate proficiency with the weapon or knowledge of this agencys
Use of Force policy will be provided remedial training. If, after two additional attempts, an

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agent still cannot demonstrate proficiency with a weapon or knowledge of this agencys
Use of Force policy, the agent may be subject to discipline.

308.1.4 DEFINITIONS
a. Chemical Agent - A munition containing Chloroacetophenone (CN), Oleoresin
Capsicum (OC), Orthochlorobenzalmalonitrile (CS), or Hexachlorethane (HC) (Smoke)
that may be thrown, sprayed, discharged, or fired into a building or area. This type of
munition is deployed to encourage compliance, overcome resistance, provide temporary
disablement, and prevent serious injury without posing a significant threat of death.
Examples include blast dispersion grenades, liquid- or powder-filled launchable
projectiles, and pyrotechnic grenades and projectiles.

b. Gas Plan - A mathematical formula developed to determine the effective and lethal
amounts of chemical agents that are to be introduced into an area or structure. The
formula does not apply to the use of OC munitions.

c. Hot Box - An altered military ammunition box that is designed to allow for pyrotechnic
chemical agents to be deployed inside a structure with substantially less possibility of
causing a structural fire. The chemical agent is suspended inside the closed box and is
remotely detonated. Holes in the box allow the chemical agent to flow into the structure
without the munition coming in direct contact with the walls and/or floor.

d. Distraction Device - A device consisting of a fuse, body, and chemical compound


mixture that, when initiated, emits a distracting light and/or sound.

308.2 BATON/ASP GUIDELINES


The baton/ASP is authorized for use when, based upon the circumstances perceived by the
agent, lesser force would not reasonably appear to result in the safe control of the suspect.

The need to immediately incapacitate the subject should be weighed against the risk of causing
serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally
targeted except when the agent reasonably believes the suspect may cause serious bodily
injury or death to the agent and/or others.

The approved standard issue baton is the 21" expandable baton; however, agents may
purchase (at their own expense) and use the 26" or 31" baton. The Division may, in some
circumstances, issue an alternate type of baton for use in specific incidents such as crowd
control. Should an alternate type of baton be issued to an agent, that agent shall attend
additional DOJ training on the use of that particular baton prior to using it.

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308.3 TEAR GAS GUIDELINES
The use of tear gas for crowd control/dispersal or against barricaded suspects shall be based
on the circumstances. The SAC or designee may authorize the delivery and use of tear gas,
evaluating all conditions known at the time and determining that lesser force would not
reasonably appear to result in the safe control of the suspect(s). When practical, fire personnel
should be alerted or summoned to the scene to control any fires and to assist in providing
medical aid or gas evacuation when the scene is safe. Only agents or supervisors trained in the
use of tear gas weapons should discharge such devices at the scene.

308.4 CHEMICAL AGENT GUIDELINES


Only authorized personnel may possess and maintain department-issued chemical agents.
Chemical agents are weapons used to minimize the potential for injury to agents, offenders, or
other persons. They should be used only in situations where such force reasonably appears
justified and necessary.

Only chemical agents authorized and issued by DLE shall be utilized. Upon authorization by the
Deputy or Assistant Director, the DLE Firearms Officer may issue memoranda adding or
deleting authorized munitions as chemical agent technology advances.

308.4.1 DEPLOYMENT OF CHEMICAL AGENTS


Agents are not required or compelled to use approved chemical agents in lieu of other
reasonable tactics if the involved agents determine that deployment of this type of munition
cannot be accomplished safely. The safety of hostages, innocent persons, and agents takes
priority over the safety of subjects who are engaged in criminal or suicidal behavior.

a. Pyrotechnic munitions should not be deployed within a residence or any other structure.
Pyrotechnic munitions will only be used in outdoor settings in which their deployment is
applicable. Indoor use of pyrotechnic munitions should only be considered if non-
pyrotechnic devices have failed. Pyrotechnic munitions deployed indoors must be in a
"Hot Box" device unless the use of deadly force is authorized.

b. Prior to the planned introduction of chemical agents, the supervisor will ensure the
completion of a gas plan utilizing the DOJ/DLE Gas Plan Calculation Sheet. The
supervisor will review and approve the gas plan prior to the deployment of the chemical
agent.

c. Tactical deployment of chemical agents will be accomplished through one of the

following methods:

1. Blast dispersion or aerosol-type grenades.

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2. 12-gauge projectiles that are filled with liquid or powder.

3. 40 mm projectiles that are filled with liquid or powder.

4. Pyrotechnic grenades or projectiles.

d. Smoke-producing munitions should not be deployed inside any structure, unless they
are deployed in a "Hot Box" type container.

e. The use of smoke-producing munitions will be at the discretion of the supervisor.

f. Prior to the planned deployment of chemical agents, the supervisor should ensure that
fire and emergency medical services personnel are staged at the outer perimeter for
assistance in the event of fire or injury.

g. Prior to the deployment of chemical agents, the supervisor should ensure that all agents
on the entry/arrest team and/or inner perimeter have been briefed regarding the
deployment of chemical agents and are wearing gas masks.

h. Once the chemical agents have been deployed into a hostile area, the supervisor will
ensure that all members of the entry/arrest team and/or the inner perimeter have been
notified of the deployment.

i. All suspects who have been exposed to chemical agents should be controlled and taken
into custody as soon as possible. These persons shall be decontaminated at the scene
and transported to a medical facility for examination prior to jail booking.

j. Once secured, the target area should be ventilated as soon as possible in order to allow
the chemical agents to dissipate and start the decontamination process per the DOJ
Chemical Agent Decontamination Procedures.

308.4.2 CARRYING OF OLEORESIN CAPSICUM SPRAY


Uniformed field personnel carrying the oleoresin capsicum spray shall carry the device in its
holster on the equipment belt. Plainclothes and non-field personnel may carry the oleoresin
capsicum spray as authorized, consistent with the needs of their assignment or at the direction
of their supervisor.

Canisters involved in any type of malfunction or damage shall be turned in to the Rangemaster
for exchange.

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308.4.3 PEPPER PROJECTILE SYSTEMS
Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. A
compressed gas launcher delivers the projectiles with enough force to burst the projectiles on
impact, releasing the OC powder. The potential exists for the projectiles to inflict injury if they
strike the head, neck, spine or groin. Therefore, personnel deploying a pepper projectile system
should not intentionally target those areas, except when the agent reasonably believes the
individual may cause serious bodily injury or death to the agent or others. The use of a pepper
projectile system is subject to the following requirements:

(a) Agents encountering a situation that requires the use of a pepper projectile system shall
notify a supervisor as soon as practical. The supervisor shall respond to all pepper projectile
system deployments where the suspect has been hit. The SAS or agent in charge of the
scene shall make all notifications and reports as required by 300 Use of Force Policy.

(b) Only personnel certified as having completed Department-approved training on the use
of pepper projectile systems shall be allowed to deploy and use pepper projectile systems.

(c) Each deployment of a pepper projectile system shall be documented. This includes
situations where the launcher was directed toward the suspect, whether or not the launcher
was used. Accidental discharges shall be promptly reported to a supervisor and
documented in the appropriate report. Only non-incident deployments, such as training and
product demonstrations, are exempt from the reporting requirement.

308.4.4 TREATMENT FOR CHEMICAL AGENT EXPOSURE


Persons who have been affected by the use of chemical agents should be promptly provided
with the proper solution to cleanse the affected areas. Those persons who complain of further
severe effects shall be afforded a medical examination by competent medical personnel.

Once the target area is secure, the decontamination process shall commence in accordance
with the DOJ Chemical Agent Decontamination Procedures. See section 8.0 of the Clandestine
Laboratory Manual of Instructions and Procedure for complete procedures.

308.5 KINETIC ENERGY PROJECTILES


This department is committed to reducing the potential for violent confrontations when suspects
are encountered. Kinetic energy projectiles, when used properly, are less likely to result in death
or serious physical injury.

Kinetic energy projectiles are approved by the Department and are fired from 12-gauge
shotguns or 40 mm launchers. Certain munitions can be used in an attempt to de-escalate a
potentially deadly situation, with a reduced potential for death or serious physical injury.

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308.5.1 DEPLOYMENT OF KINETIC ENERGY PROJECTILES
Approved munitions are justified and may be used to compel an individual to cease his or her
actions when such munitions present a reasonable option for resolving the situation at hand.

Agents are not required or compelled to use approved munitions in lieu of other reasonable
tactics if the involved agents determine that deployment of these munitions cannot be done
safely. The safety of hostages, innocent persons, and agents takes priority over the safety of
subjects engaged in criminal or suicidal behavior.

All involved personnel must be notified of the impending deployment of less lethal munitions in
order to avoid sympathetic fire. A cover agent with lethal option shall be assigned to protect the
agent deploying the less lethal munition.

308.5.2 EXAMPLES OF CIRCUMSTANCES APPROPRIATE FOR


DEPLOYMENT
Examples include, but are not limited to, the following types of situations where the subject:

a. Is armed with a weapon and the tactical circumstances allow for the safe application of
approved munitions.

b. Has made credible threats to harm himself or others.

c. Is engaged in riotous behavior or is throwing rocks, bottles, or other dangerous

projectiles at people and/or agents.

308.5.3 DEPLOYMENT CONSIDERATIONS


Before discharging projectiles, the agents should consider the following factors:

a. Severity of the crime or incident.

b. Subjects capability to pose an imminent threat to the safety of agents or others.

c. If the subject is actively resisting arrest or attempting to evade arrest by flight.

d. The credibility of the subjects threat as evaluated by the agents present, and physical
capacity/capability.

e. The proximity of weapons available to the subject.

f. The agents versus the subjects physical factors (e.g., age, size relative strength, skill
level, injury/exhaustion, the number of agent(s) versus subject(s).

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g. The availability of other force options and their possible effectiveness.

h. Distance and angle to target.

i. Type of munitions employed.

j. Type and thickness of subjects clothing.

k. The subjects actions dictate the need for an immediate response and the use of control
devices appears appropriate.

308.5.4 DEPLOYMENT DISTANCES


Agents should keep in mind the manufacturers recommendations regarding deployment when
using control devices, but are not solely restricted to use according to these manufacturer
recommendations. Each tactical situation must be evaluated on the totality of circumstances at
the time of deployment.

308.5.5 SHOT PLACEMENT


The need to immediately incapacitate the subject must be weighed against the risk of causing
serious injury or death. The head and neck should not be intentionally targeted when deadly
force is not reasonably justified.

Agents should generally follow the manufacturers recommendations regarding minimum


deployment distances and target areas; however, any target area or distance may be
considered when it reasonably appears necessary to accomplish immediate incapacitation in
order to prevent serious injury or death and other reasonable methods have failed or reasonably
appear ineffective.

308.5.6 APPROVED MUNITIONS


Only Department-approved kinetic energy munitions shall be carried and deployed. These may
include bean bags, launchable wooden, foam or rubber projectiles and blast dispersion-type
grenades containing rubber balls and/or chemical agents. Shotguns designed for the use of 12-
gauge projectiles are marked with an orange-colored foregrip and stock. These dedicated
shotguns shall not be loaded with conventional ammunition.

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308.5.8 LOADING PROCEDURES
Absent compelling circumstances, agents will employ the two-person rule for loading. The two-
person rule is a safety measure achieved by having a second agent watch the loading process
to verify that the weapon has been loaded with the correct type of munition.

308.6 RESPONSIBILITIES

308.6.1 SAC RESPONSIBILITIES


The SAC shall monitor the use of control devices in the same manner as all other use of force
incidents.

a. The SAC may authorize the use of a control device by selected personnel or members
of specialized units provided the person(s) authorized has/have the required training.
The request for a control device should be made through the SAC.

b. The SAC shall review each use of control devices by any personnel within his or her
command.

c. The SAC shall ensure training on the use of control devices is provided as needed.

308.6.2 FIREARMS OFFICER RESPONSIBILITIES


The Firearms Officer shall control the inventory and shall issue all control devices. All damaged,
inoperative and/or expended control devices shall be returned to the Firearms Officer for
disposition, repair or replacement.

308.6.3 MAINTENANCE RESPONSIBILITY


All normal maintenance, charging or cleaning shall remain the responsibility of personnel using
the various devices.

308.6.4 LESS LETHAL MUNITIONS LOG RESPONSIBILITY


Each lead Rangemaster shall be responsible for maintaining a Less Lethal Munitions Log (DLE
131) for his/her command. This log shall document the inventory of munitions, including the date
of receipt, expiration date, date of use, deploying agent, device serial number, if applicable, and
the purpose for which it was deployed.

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308.7 DISTRACTION DEVICES
Only Department-approved and -issued distraction devices shall be used. The Firearms Officer
shall list approved distraction devices in the DLE Firearms Manual.

308.7.1 PROHIBITIONS
Distraction devices shall not be used in the following circumstances:

When children 12 years of age or younger are known to be present.

Inside clandestine laboratories.

In the presence of anyone who is known to have a physical ailment that may be

aggravated to the point of injury by the use of the device.

Where information is obtained regarding the presence of greater than normal quantities
of chemicals and/or flammable liquids.

When explosives are present.

Regional offices may elect to maintain a supply of distraction device training units for
qualification purposes only. The Firearms Officer shall list designated training units in the DLE
Firearms Manual. Training units shall not be used during field operations.

308.8 REPORTING USE OF CONTROL DEVICES


Any application of a device listed within this policy shall be documented pursuant to Policy
Manual 300 and 344. In addition, any such application that results in a complaint of injury or
subsequent claim of injury by an individual shall also be documented in an investigation report.

a. Agents who deploy any chemical agent in performance of their official duties, except
during approved training, must immediately report the incident to their supervisor. In the
event of the agent's inability to comply with this reporting requirement, the responsibility
to report this incident shall rest with all agents who witnessed the incident. Within 24
hours, the deploying agent shall document the details of the incident in a memorandum.
The memorandum will be forwarded to the appropriate SAC. This information will also be
included in the arrest/investigation report.

b. A Chemical Agent Munitions Use Report form (DLE 127) shall be completed following all
incidents other than those involving the use of OC aerosol. The report shall be reviewed
and initialed by the SAC and placed in the case file. A copy of the report will be
forwarded to the Firearms Officer within 10 days of the incident for review. A copy of the
completed Gas Plan Calculation Sheet (DLE 129) shall be attached to the DLE 127.

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308.9 STORAGE, HANDLING AND TRANSPORTATION
Less lethal munitions shall be stored according to the manufacturers recommendations. In
general, they should be stored in their original container in a cool, dry place. Munitions that have
been removed from their original containers shall be clearly and conspicuously marked to
prevent misidentification.

Under no circumstances shall any person be authorized to tamper with, or alter in any manner,
any less lethal munition. All misfires shall be recovered, rendered safe, and removed from
service. Munitions that have malfunctioned or have been damaged during shipping shall be
returned to the manufacturer and the Firearms Officer notified.

Items deployed during training or operations shall be logged and recorded by serial number on
the inventory log by the Rangemaster as appropriate.

Distraction devices/reloads carried in agent vehicles shall be stored in the trunk of the vehicle in
a separate container that will provide protection/immobilization in case of a vehicle collision.
These devices shall not be stored in the agent's load bearing vest or leg pouches. They shall be
removed from the vest/leg pouch and placed into the storage container in the vehicles trunk
after every operation.

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309 TASER Guidelines
309.1 PURPOSE AND SCOPE
The TASER device is intended to control a violent or potentially violent individual while
minimizing the risk of serious injury. It is anticipated that the appropriate use of such a device
will result in fewer serious injuries to officers and suspects.

309.2 POLICY
Personnel who have completed Department-approved training may be issued a TASER for use
during their current assignment. Personnel leaving a particular assignment may be expected to
return it to the departments inventory.

Agents shall only use the TASER and cartridges that have been issued by the Department. The
device may be carried either as a part of a uniformed agents equipment in an approved holster
or secured in the drivers compartment of the agents vehicle so that it is readily accessible at all
times.

When the TASER is carried as a part of an agents equipment, the TASER shall be carried on
the side opposite the duty weapon.

a. All TASERs shall be clearly and distinctly marked to differentiate them from the duty
weapon and any other device.

b. Whenever practical, agents should carry a total of two or more TASER cartridges on
their person when carrying the TASER.

c. Agents shall be responsible for insuring that their issued TASER is properly maintained
and in good working order at all times.

d. Agents should never hold both a firearm and the TASER at the same time.

309.2.1 ASSIGNMENT OF TASERS


TASER devices will be assigned, as the Divisions supply permits, to agents identified by their
respective Bureau Chiefs as having an operational need to carry the TASER.

An inventory of unassigned TASER devices, if any, may be maintained in each regional office
and made available to qualified agents on an as-needed basis. The lead Rangemaster for each
regional office shall be responsible for managing the inventory and ensuring that all unassigned
TASER devices are properly maintained and in good working order at all times.

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309.2.2 REPLACEMENT CARTRIDGES
The DLE Firearms Officer will coordinate the purchase of all TASER cartridges. Requests for
replacement cartridges must be submitted in writing to the DLE Firearms Officer.

309.3 VERBAL AND VISUAL WARNINGS


A verbal warning of the intended use of the TASER should precede its application, unless it
would otherwise endanger the safety of agents or when it is not practicable due to the
circumstances. The purpose of the warning is for the following:

(a) Provide the individual with a reasonable opportunity to voluntarily comply.

(b) Provide other agents and individuals with a warning that a TASER may be deployed.

If, after a verbal warning, an individual is unwilling to voluntarily comply with an agents lawful
orders and it appears both reasonable and practical under the circumstances, the agent may,
but is not required to, display the electrical arc (provided there is not a cartridge loaded into the
TASER) or the laser in a further attempt to gain compliance prior to the application of the
TASER. The aiming laser should never be intentionally directed into the eyes of another as it
may permanently impair his/her vision.

The fact that a verbal and/or other warning was given or reasons it was not given shall be
documented by the agent deploying the TASER in the related reports.

309.4 USE OF THE TASER


As with any law enforcement equipment, the TASER has limitations and restrictions requiring
consideration before its use. The TASER should only be used when its operator can safely
approach the subject within the operational range of the TASER. Although the TASER is
generally effective in controlling most individuals, agents should be alert to the potential for
failure and be prepared with other options.

309.4.1 FACTORS TO DETERMINE REASONABLENESS OF FORCE


The application of the TASER is likely to cause intense, but momentary, pain. As such, agents
should carefully consider and balance the totality of circumstances available prior to using the
TASER including, but not limited to, the following factors:

a. The conduct of the individual being confronted (as reasonably perceived by the agent at
the time).

b. Agent /subject factors (i.e., age, size, relative strength, skill level, injury/exhaustion,
number of agents vs. subject(s).

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c. Influence of drugs/alcohol (mental capacity).

d. Proximity of weapons.

e. The degree to which the subject has been effectively restrained and his/her ability to
resist despite being restrained.

f. Time and circumstances permitting, the availability of other options (what resources are
reasonably available to the agent under the circumstances).

g. Seriousness of the suspected offense or the reason for contact with the individual.
h. Training and experience of the agent.

i. Potential for injury to citizens, agents and suspects.

j. Risk of escape.

k. Other exigent circumstances.

309.4.2 APPLICATION OF THE TASER


Authorized personnel may use the TASER when circumstances known to the agent at the time
indicate that such application is reasonable to control a person in any of the following
circumstances:

a. The subject is violent or physically resisting.

b. A subject who by words or action has demonstrated an intention to be violent or to


physically resist and who reasonably appears to present the potential to harm agents,
him/herself or others.

1. When practicable, the agent should give a verbal warning of the intended use of the
TASER followed by a reasonable opportunity to voluntarily comply.

2. The agent must be able to articulate a reasonable belief that other available options
appeared ineffective, impractical or would have presented a greater danger to the
agent, the subject or others.

c. Absent meeting the conditions set forth in (a) or (b) above, or a reasonable belief that an
individual has committed or threatened to commit a serious offense, mere flight from a
pursuing agent shall not serve as good cause for the use of the TASER to apprehend an
individual.

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309.4.3 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the TASER should generally be avoided in the following situations unless the totality
of the circumstances indicate that other available options reasonably appear ineffective,
impractical, or would present a greater danger to the agent, the subject or others, and the agent
reasonably believes that the need to control the individual outweighs the risk of using the
TASER:

a. Pregnant females.

b. Elderly individuals or obvious juveniles.

c. Individuals who are handcuffed or otherwise restrained.

d. Individuals who have been recently sprayed with a flammable chemical agent or who are
otherwise in close proximity to any flammable material.

e. Individuals whose position or activity may result in collateral injury (e.g., falls from height,
operating vehicles).

Because the application of the TASER in the drive-stun mode (i.e., direct contact without darts)
relies primarily on pain compliance and requires close proximity to the subject, additional
caution should be exercised. The application in drive-stun mode should be limited to brief
applications in which pain compliance would reasonably appear necessary to achieve control.

The TASER shall not be used to torture, psychologically torment, elicit statements or to punish
any individual.

309.4.4 TARGETING CONSIDERATIONS


While manufacturers generally recommend that reasonable efforts should be made to target
lower center mass and to avoid intentionally targeting the head, neck, chest and groin, it is
recognized that the dynamics of each situation and officer safety may not permit the agent to
limit the application of the TASER darts to a precise target area. As such, agents should take
prompt and ongoing care to monitor the condition of the subject if one or more darts strikes the
head, neck, chest or groin until he/she is released to the care of paramedics or other medical
personnel.

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309.4.5 MULTIPLE APPLICATIONS OF THE TASER
If the first application of the TASER appears to be ineffective in gaining control of an individual
and if circumstances allow, the agent should consider the following before additional
applications of the TASER:

a. Whether the probes or darts are making proper contact.

b. Whether the application of the TASER is interfering with the ability of the individual to
comply.

c. Whether verbal commands, other options or tactics may be more effective.

This, however, shall not preclude any agent from deploying multiple, reasonable applications of
the TASER on an individual.

309.4.6 REPORT OF USE


Except during training, all TASER discharges shall be reported in conformance with Division
policy for reporting critical incidents (Critical Incident Manual II.B.). All TASER discharges shall
be documented in the related arrest/crime report, on a Use of TASER Report form (DLE 235)
and notification made to a supervisor in compliance with Policy 300.4.1. Accidental discharges
of a TASER cartridge will also be documented on the TASER report form. Any report
documenting the discharge of a TASER cartridge will include the cartridge serial number and an
explanation of the circumstances surrounding the discharge.

The onboard TASER memory will be downloaded through the data port by the Rangemaster
and saved with the related arrest/crime report. Photographs of probe sites should be taken,
Anti-Felon Identification (AFID) tags should be collected and the expended cartridge along with
both probes and wire should be submitted by the agent collecting the cartridge into evidence for
future reference. The cartridge serial number should be noted and documented on the evidence
paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the
subject's skin.

309.5 MEDICAL TREATMENT


Absent extenuating circumstances or unavailability, only qualified medical personnel, including
certified paramedics, should remove TASER darts from a persons body.

Used TASER darts should be considered a sharp biohazard, similar to a used hypodermic
needle. Universal precautions should be taken accordingly.

All persons who have been struck by TASER darts or who have been subjected to the electric
discharge of the device shall be medically assessed prior to booking. Additionally, any such

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individual who falls under any of the following categories should, as soon as practicable, be
examined by paramedics or other qualified medical personnel:

a. The person is suspected of being under the influence of controlled substances and/or
alcohol.

b. The person may be pregnant.

c. The person reasonably appears to be in need of medical attention.

d. The TASER darts are lodged in a sensitive area (e.g., groin, female breast, near the
eyes).

e. The person requests medical treatment.

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond physical characteristics, imperviousness to pain
(sometimes called "excited delirium"), or who require a protracted physical encounter with
multiple agents to bring under control, may be at an increased risk of sudden death and should
be examined by qualified medical personnel as soon as practicable. Any individual exhibiting
signs of distress after such an encounter shall be medically cleared prior to booking.

If any individual refuses medical attention, such a refusal should be witnessed by another agent
and/or medical personnel and shall be fully documented in related reports.

If an audio recording is made of the contact or an interview with the individual, any refusal
should be included if possible.

The transporting agent shall inform any person receiving custody or any person placed in a
position of providing care that the individual has been subjected to the application of the
TASER.

309.6 TRAINING
Every DLE agent at or below the rank of SAC is required to maintain current TASER
certification, even if he/she does not have a personally assigned TASER. In addition to the initial
department approved training required to carry and use a TASER, all affected agents must be
recertified annually by a department approved TASER instructor prior to continuing to carry or
use the device. A reassessment of an agents knowledge and/or practical skill may be required
at any time if deemed appropriate.

The TASER instructor should ensure that all training includes the following:

a. A review of this policy.

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b. A review of the Use of Force policy.

c. Target area considerations, to include techniques or options to reduce the intentional


application of probes near the chest, groin, neck and head.

d. De-escalation techniques.

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312 Firearms
312.1 PURPOSE AND SCOPE
This policy establishes procedures for the acquisition, use, and documentation of training in the
use of firearms. The Director or his or her designee shall approve all Department firearms
before they are acquired and utilized by any member of this department.

Refer to Policy Manual 432 for additional provisions applicable to shoulder weapons.

312.2 AUTHORIZED WEAPONS


No firearms will be carried that have not been thoroughly inspected by the Firearms Officer
during a regularly scheduled range date. Except in an emergency, or as directed by a
supervisor, no firearm shall be carried by a member who has not qualified with that weapon at
an authorized Department range.

The following weapons are approved for use by agents of this department:

312.2.1 DUTY WEAPONS


The authorized departmental-issued handgun is the .40 Glock, models 22 (standard) and 23
(compact). The 9 mm Glock is also approved for on-duty use.

312.2.2 AUTHORIZED SECONDARY WEAPONS


The authorized secondary duty handgun is a Glock model 26 or 27 sub-compact pistol. Agents
desiring to carry a secondary weapon are subject to the following restrictions:

(a) The secondary weapon may not be used for planned enforcement or surveillance
operations.

(b) Only one secondary weapon may be carried at a time.

(c) The purchase of the weapon and ammunition shall be the responsibility of the agent.

(d) The weapon shall be carried out of sight at all times and in such a manner as to prevent
accidental cocking, discharge, or loss of physical control.

(e) The weapon shall be subject to inspection whenever deemed necessary.

(f) Ammunition shall be provided by the Department.

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(g) Personnel shall qualify with the secondary weapon under range supervision. Agents
must demonstrate their proficiency, safe handling and serviceability of the weapon.

(h) The Rangemaster shall provide written notice of the inspection date, make, model, color,
serial number, and caliber of a second weapon to the Firearms Officer.

(i) If the agent is unable to carry the secondary weapon on his/her person, it shall be

secured in the agents vehicle safe in accordance with 312.3.2 of this policy.

312.2.3 AUTHORIZED OFF-DUTY WEAPONS


The carrying of firearms by sworn agents while off duty is permitted by the Director, but may be
rescinded should circumstances dictate (e.g., administrative leave). Sworn agents who choose
to carry a firearm while off duty, based on their authority as a peace officer, will be required to
meet the following guidelines:

(a) The action types and calibers approved for off-duty weapons are the same as those
specified in Policy Manual 312.2.7 for back-up and undercover weapons.

(b) The purchase of the weapon and ammunition shall be the responsibility of the agent.

1. Penal Code 26950 allows full-time paid peace officers to avoid the waiting periods
imposed on the purchase and transfer of firearms by presenting written certification from
the agency head to the dealer at the time of purchase or transfer. This certification,
which is issued on DOJ letterhead and signed by the Director, may be obtained by
submitting a written request to the Director via the Bureau Chief. The issuance of any
such written certification is at the discretion of the Director.

(c) The weapon shall be carried concealed at all times and in such a manner as to prevent
accidental cocking, discharge, or loss of physical control.

(d) It will be the responsibility of the agent to submit the weapon to the Rangemaster for
inspection prior to being carried off-duty. The Rangemaster shall ensure that the agent is
proficient in handling and firing the weapon and that it will be carried in a safe manner. The
weapon shall be subject to periodic inspection by the Rangemaster. The agent will
successfully qualify with the weapon prior to it being carried and thereafter once every
quarter. The range qualification dates will be specified by Rangemaster.

(e) A complete description of the weapon(s) shall be contained on the qualification record
approved by the Rangemaster.

(f) If any member desires to use more than one weapon while off duty, he/she may do so, as
long as the agent meets all the requirements set forth in this policy for each weapon used.

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(g) Agents shall only carry department-authorized ammunition.

(h) When armed, whether on- or off-duty, except during an undercover assignment, agents
shall carry their badge and department identification.

(i) Off-duty weapons must be capable of firing a minimum of five rounds without reloading.

312.2.4 AMMUNITION
Agents shall carry only department-authorized ammunition. Agents shall be issued fresh duty
ammunition in the specified quantity for all department-issued firearms during the agents first
scheduled qualification each year. Agents carrying personally owned authorized firearms of a
caliber differing from department issued firearms shall be responsible for obtaining fresh duty
ammunition in accordance with the above at their own expense. Replacements for
unserviceable or depleted ammunition issued by the Department shall be dispensed by the
Firearms Officer when needed in accordance with established policy.

Ammunition types and calibers approved for use in duty weapons are:

a. .380 ACP

b. 9 mm parabellum

c. .38 Special

d. .357 S&W magnum

e. .40 S&W

f. .45 ACP

g. 12-gauge 00 buckshot

h. 12-gauge rifled slug

i. .223 Remington

The DLE Firearms Officer will issue an annual list of specific ammunition brands and load
numbers that have been approved for purchase. This list will reflect ammunition listed on the
current Department of General Services (DGS) ammunition contract. This list may also include
specific types of ammunition that are not on the DGS contract, but that have been approved by
the DLE Firearms Officer based on a specific demonstrated need. Only ammunition on this list
or specific ammunition that has been approved in writing by the DLE Firearms Officer shall be
purchased. BFS utilizes various types of ammunition for testing purposes and does not require

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approval from the DLE Firearms Officer for the purchase of ammunition. However, BFS shall
use the DGS contract when purchasing ammunition, unless the desired ammunition is not
available through the contract. Any purchases made outside the contract shall comply with DOJ
purchasing and procurement policies.

312.2.5 ALCOHOL & DRUGS


Weapons shall not be carried by any agent who has consumed an amount of an alcoholic
beverage or taken any drugs that would tend to adversely affect the agents senses or
judgment.

312.2.6 TACTICAL LIGHTS


Personally-owned tactical lights may be affixed to Department-issued weapons only if all the
following conditions are met:

a. The tactical light is an approved model. Approved models are the Glock Safe-Action,
the Streamlight M-3, and Surefire.

b. The Department-issued weapon is designed to accept a tactical light. Weapons

designed to accept a tactical light are issued on an "as available" basis.

c. The agent provides a personally-owned holster that is specifically designed to carry the
handgun with the light attached. The holster shall be inspected for suitability and weapon
retention and approved by the Rangemaster prior to use. Use of a separate belt carry
pouch for the tactical light is not permitted.

During quarterly qualifications, agents shall qualify with the light attached to the weapon. Any
costs associated with obtaining the tactical light and holster shall be borne by the agent electing
to use a personally-owned tactical light.

312.2.7 Not subject to disclosure due to agent safety concerns

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312.2.8 PERSONALLY-OWNED WEAPONS
All agents whose employment began on or after January 1, 2000, are required to carry their
Department-issued weapon for general duty purposes. Agents who were hired prior to January
1, 2000, may continue to use personally-owned weapons provided that they were range-
qualified with those weapons prior to January 1, 2000, and the weapons meet the requirements
of this section.

All authorized personally-owned duty weapons shall continue to meet all manual requirements,
including but not limited to annual fitness for duty certifications by a factory-authorized armorer,
and approvals from the appropriate range masters and SACs, Chiefs, and Director. Agents
hired prior to January 1, 2000, who elect to carry a personally-owned primary duty weapon other
than the one they were carrying on January 1, 2000, shall not be allowed to change the make,
model or caliber. Agents desiring to change a primary duty weapon shall change to the DLE-
issued duty weapon.

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a. All personally-owned handguns used pursuant to this section shall be registered with
DOJ. Each handgun shall be registered specifically to the agent using the handgun. The
purchase of a handgun for use in an agents official duties shall be made pursuant to
Penal Code 26950. Following the purchase, the agent's SAC shall ensure that a
printout of the Automated Firearms System record of the transaction is obtained and
given to the employee for submission with his/her request to use the handgun. If the
handgun is obtained in a manner other than a purchase pursuant to Penal Code 26950
(i.e. gift, transfer, already owned, etc.), the employee is responsible for registering the
handgun with the BOF. A copy of the BOF registration confirmation letter shall be
forwarded to the DLE Firearms Officer with the request. The proof of registration and
request shall be maintained by the DLE Firearms Officer for the duration of the time that
the personally-owned handgun is in use.

b. Any costs associated with obtaining holsters, magazines, other required equipment, an
armorer's certification, and registration shall be borne by the agent electing to carry
his/her personally owned weapon(s).

c. All requests to carry a handgun other than a DOJ issued weapon, including reasonable
accommodation exception requests, shall be submitted to the requesting employee's
Bureau Chief via the chain of command. After making his/her recommendation, the
Bureau Chief shall forward all requests to the DLE Firearms Officer. The DLE Firearms
Officer shall make a recommendation and forward the request to the Deputy or Assistant
Director. The Deputy or Assistant Director shall make the final determination on all
requests. The Deputy or Assistant Director shall return the request to the Bureau Chief,
who shall notify the requesting individual, the DLE Firearms Officer, and, when
appropriate, the requesting individual's supervisor of the decision.

312.3 SAFE HANDLING OF FIREARMS


The intent of this policy is to promote proper firearm safety on and off duty. Employees shall
maintain the highest level of safety when handling firearms and shall consider the following:

312.3.1 SAFETY CONSIDERATIONS


a. Agents shall not unnecessarily display or handle any firearm.

b. Agents shall be governed by all rules and regulations pertaining to the use of the range
and shall obey all orders issued by the Rangemaster. Agents shall not dry fire or practice
quick draws except under Rangemaster supervision.

c. Any member who discharges his/her weapon accidentally or intentionally, on- or off-duty,
except during training or recreational use, shall make a verbal report to his/her
supervisor as soon as circumstances permit and, if the occurrence was on-duty, shall file

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a written report via the chain of command with their Bureau Chief prior to the end of shift.
If off-duty, as directed by the supervisor.

d. Agents shall not clean, repair, load or unload a firearm anywhere in a Department
facility, except where clearing barrels are present.

e. Shotguns or rifles removed from vehicles or an equipment storage room shall be loaded
and unloaded in the parking lot and outside of the vehicle.

f. Agents shall not place or store any firearm or other weapon on Department premises
except where the place of storage is locked. No one shall carry firearms into a jail or any
part thereof when securing or processing a prisoner, but shall place all firearms in a
secured location.

g. Any weapon authorized by the Department to be carried on- or off-duty that is found by
the agent to be malfunctioning or needing service shall not be carried and shall be
promptly presented to the Rangemaster for inspection. Any weapon determined to be in
need of service or repair during an inspection by the Rangemaster, will be immediately
removed from service. If the weapon is the agents primary duty weapon, a replacement
weapon will be issued to the officer until the duty weapon is again rendered serviceable.

312.3.2 STORAGE OF FIREARMS AT HOME


Agents shall ensure that all firearms and ammunition are locked and secured while in their
homes in a manner that will keep them inaccessible to children and irresponsible adults. Each
agent is issued a Firearm Safety Device (FSD) for this purpose. The FSD shall be located in a
secure location within the residence that is not readily accessible to family members,
roommates, etc. The FSD shall be locked whenever it contains a weapon.

a. The FSD comes with an optional mounting bracket for home use. At the employees
discretion, the mounting bracket may be used to secure the FSD in his/her residence. If
the employee elects to use the mounting bracket, he/she shall assume the responsibility
and cost for installing and/or removing the bracket.

b. The FSD has a pre-set combination and an affixed DOJ decal. For security reasons,
agents are allowed to change the pre-set combination of their home FSD. Knowledge of
the combination shall be limited to the agent, his/her supervisor, and the DLE Firearms
Officer.

c. If changing the pre-set combination of the home FSD, agents shall complete an FSD
Combination Record Form (FD 4502). Once completed, the FSD Combination Record
Form shall be forwarded to the agent's supervisor. All subsequent combination changes
shall also be submitted on a FSD Combination Record Form to the agent's supervisor.

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d. Upon receipt of the FSD Combination Record Form, the supervisor shall retain one copy
in his/her safe and forward a copy to the DLE Firearms Officer for retention in a locked
back-up file. Agents at or above the rank of SAC shall forward their FSD Combination
Record Forms directly to the DLE Firearms Officer. Agents may contact their supervisor
or the DLE Firearms Officer if they are unable to remember the combination code to their
home FSD.

e. Upon separation from DOJ or transfer out of DLE, agents shall return their home FSD
and mounting bracket (if applicable) to their supervisor, who shall ensure that the items
are forwarded to the OD. Agents must provide the combination code on the FSD
Combination Record Form when returning the FSD to the OD.

It is permissible for agents to secure their Department-issued firearm(s) and ammunition in a


locked gun safe at their residence. The gun safe must be a commercially produced brand that
meets or exceeds the quality of the FSD.

Agents shall be aware that negligent storage of a firearm could result in criminal prosecution
under Penal Code 25100.

While appearing in court, agents shall follow each individual court's weapon security policy.

312.3.3 STORAGE OF FIREARMS IN VEHICLES


Firearms transported and/or stored in an agents vehicle, other than the firearm(s) carried on the
agents person, shall be secured in the following manner:

a. The firearm(s) shall be stored in the assigned vehicle's FSD or electronic locking system
(ELS) located in the trunk of a car, in a locked container/shell within the bed of a truck, or
in the enclosed rear area of a sports utility vehicle. The vehicle, including the completely
enclosed area containing the FSD, must be locked and alarmed at all times when the
vehicle is unattended. All vehicle FSDs shall retain the same padlock and combination
safe numbers as assigned by the RCU at the time of installation. The vehicle FSD may
not be changed without prior approval from the OD. Vehicle FSDs, either mounted or
secured by chain and lock, shall be included as part of the vehicle equipment inventory
on the Special Agent Equipment Inventory form (JUS 1444); however, the FSD will not
transfer with the agent and will remain with the vehicle. For additional provisions
pertaining to storage of shoulder weapons in vehicles, see Policy Manual 432.9.

b. While attending Defensive Tactics training, handguns shall be secured within the
assigned vehicle's trunk, or, if equipped, in the vehicle's firearm safe as required by this
section.

c. While on duty, agents shall secure any additional authorized handguns within the
assigned vehicle's trunk, the vehicle's firearm safe and/or ELS system, in a locked,

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secured container/shell within the bed of a truck, or in the enclosed, locked rear area of
a sports utility vehicle as required by this section. This includes additional handguns that
agents would not need to have readily available (e.g., back-up weapon, secondary duty
weapon, and undercover weapon).

312.4 FIREARMS QUALIFICATIONS AND TRAINING


a. All sworn personnel are required to qualify quarterly with their duty weapon on an
approved range course. One quarterly qualification per year shall include low light
conditions.

1. The Rangemaster shall keep accurate records of quarterly qualifications, repairs,


maintenance, training or as directed by the Training Officer.

2. The Rangemaster shall inspect each weapon and holster that will be used during the
training session to determine readiness, suitability, function, and weapon retention.

b. In addition to regular qualification schedules, the Rangemaster shall be responsible for


providing all sworn personnel assigned to his/her regional office with annual practical
training designed to simulate field situations. At least annually, all personnel carrying a
firearm shall receive training on the department Use of Force policy and demonstrate
their knowledge and understanding.

1. The training presented during each quarter is selected by the Firearms Officer based
upon identified needs of the field, POST-mandated training requirements, and
bureau-specific priorities. The training usually consists of POST-approved Skills and
Knowledge (S&K) Modules that range from four to eight hours in duration. The S&K
Modules are detailed in the DLE Firearms and Training Manual.

2. The Firearms Officer shall issue a memorandum to the bureaus prior the start of
each quarter outlining the training to be presented for the quarter, the appropriate
ATRS code(s), and associated training materials. Upon receipt of the training memo,
the SAC is responsible for ensuring that the training is presented and processed in
accordance with the DLE Firearms and Training Manual.

3. The results of the quarterly training sessions shall be documented by the


Rangemaster and retained in the employees regional office training files. The
documentation shall identify each weapon as to make, caliber, type, and serial
number and shall be entered into ATRS. At the completion of each training session,
the Rangemaster shall prepare a memorandum documenting the names and titles of
the employees who attended. The memorandum shall be submitted to the SAC, and
a copy shall be retained by the Rangemaster.

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c. Agents qualifying with Department-approved personally-owned handguns shall be
limited to a maximum of four per qualification:

1. Primary duty weapon.

2. Back-up weapon.

3. Undercover weapon.

4. Glock model 26 or 27 secondary duty weapon.

312.4.1 NON-QUALIFICATION
If any agent is unable to qualify for any reason, including injury, illness, duty status, or
scheduling conflict, that agent shall submit a memorandum to his or her immediate supervisor
prior to the end of the required shooting period. Agents who are unable to qualify due to an
excused absence or unavoidable exigent circumstances shall make arrangements with the
Rangemaster to attend a makeup session as soon as practical before the end of the next
quarter. If the agent is absent for ninety (90) days or longer, he/she shall undergo remedial
training.

Members who repeatedly fail to qualify will be relieved from field assignment and appropriate
disciplinary action may follow.

Sworn members who fail to qualify on their first shooting attempt shall be provided remedial
training until proficiency is demonstrated and will be subject to the following requirements:

a. Additional range assignments may be required until consistent weapon proficiency is


demonstrated.

b. Members shall be given credit for a range qualification after remedial training and a
qualifying score is obtained.

c. No range credit will be given for the following:

1. Unauthorized range makeup.

2. Failure to qualify after remedial training.

If any agent fails to qualify in a quarter due to lack of ability or failure to attend a range
qualification sometime during the quarter, the Rangemaster shall within five working days of the
end of the quarter prepare a memorandum to the SAC identifying the personnel who failed to
qualify and the reasons they did not qualify. Copies of the memorandum shall be forwarded to
bureau headquarters and the Firearms Officer.

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312.5 FIREARMS OFFICER DUTIES
The Firearms Officer is assigned to the Office of the Director and is responsible for designing,
updating, and coordinating firearms training. Duties also include certifying Regional Office
Rangemasters and agents who use submachine guns, rifles and shotguns. The Firearms Officer
instructs the submachine gun school, officer survival and firearms training; conducts ongoing
research into weapons, ammunition, and survival equipment; assists in the selection of
weapons and camouflage uniforms; performs bill analyses of legislation impacting firearms; and
serves as an expert witness for the Department.

312.5.1 REGIONAL OFFICE RANGEMASTER DUTIES


Each regional office shall have an appointed Rangemaster, who must be a graduate of a
POST/DOJ-approved rangemaster course and must attend all required supplemental training
for rangemasters. The Rangemaster ensures and supervises the presentation of quarterly
firearm qualification and training for sworn personnel at the regional office, instructs sworn
personnel in the safe handling of various weapons, and orders ammunition and range
equipment to maintain an adequate inventory.

The range will be under the exclusive control of the Rangemaster. All members attending will
follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all
members attending the range. Failure of any agent to sign in and out with the Rangemaster may
result in non-qualification.

The range shall remain operational and accessible to Department members during hours
established by the Department.

The Rangemaster has the responsibility of making periodic inspection, at least once a year, of
all duty weapons carried by agents of his/her regional office to verify proper operation. The
Rangemaster has the authority to deem any privately-owned weapon unfit for service. The
agent will be responsible for all repairs to his or her personal weapon and it will not be returned
to service until inspected by the Rangemaster.

The Rangemaster shall report all training, qualification and inspections as described in this
policy, along with any recommended corrective action, to the SAC via memorandum.

When an assistant rangemaster is added, the Rangemaster is responsible for providing him/her
with an instructor and for notifying the Firearms Officer. In addition, every Rangemaster shall
submit to the Firearms Officer an annual roster of names of the lead and any assistant
rangemasters in his/her regional office.

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312.6 MAINTENANCE AND REPAIR
Firearms carried on duty shall be maintained in a clean, serviceable condition. Since the use of
personally owned weapons is at the option of the individual agent, within the parameters of
Policy Manual 312.2.8, that agent will be responsible for the furnishing, maintenance and
repair of such weapon.

312.6.1 REPAIR OR MODIFICATIONS OF DUTY WEAPONS


The Firearms Officer shall be the only person authorized to repair or modify any Department-
owned weapon. All repairs and/or modifications of Department-issued weapons not performed
by the Firearms Officer must be approved in advance by the Firearms Officer and accomplished
by a Department-approved gunsmith. The sole exception to this requirement is the installation of
a rubber grip cover on a Glock handgun.

Accessories affixed to Department-approved firearms, such as sighting devices, may not be


altered or removed without the Firearms Officers advance written approval. If approval is
granted, the accessory shall be sent to the Firearms Officer so that it may be returned to
inventory for future use.

Any repairs or modifications to the agents personally-owned weapon shall be done at his or her
expense and must be approved by the Rangemaster. Once the repair/modification has been
completed, the Rangemaster shall inspect the weapon and document the inspection in a
memorandum prior to placing the weapon back into service. A copy of the memorandum will be
maintained by the Rangemaster and a copy provided to the appropriate supervisor.

312.7 Not subject to disclosure due to agent safety concerns

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312.8 CARRYING FIREARMS OUT OF STATE
Qualified active full-time agents and qualified retired agents (see Policy Manual 220) of this
department are authorized to carry a concealed firearm in all other states subject to the
following conditions (18 United States Code 926B and C):

a. The agent shall carry his/her Department identification credentials/card whenever


carrying such weapon.

b. Qualified retired agents shall also carry certification of having met firearms qualification
within the past 12 months.

c. The agent is not the subject of any current disciplinary action.

d. The agent may not be under the influence of alcohol or any other intoxicating or

hallucinatory drug.

e. The agent will remain subject to this and all other Department policies (including

qualifying and training).

Agents are cautioned that individual states may enact local regulations that permit private
persons or entities to prohibit or restrict the possession of concealed firearms on their property,
or that prohibit or restrict the possession of firearms on any state or local government property,
installation, building, base or park. Federal authority may not shield an officer from arrest and
prosecution in such locally restricted areas.

Visiting active and retired peace officers from other states are subject to all requirements set
forth in 18 United States Code 926B and C.

312.9 LOAN OF FIREARMS


Department-owned firearms shall not be loaned or assigned to individuals or agencies outside
of DOJ without prior written authorization from the Director or designee. A request to loan or
assign a Department-owned firearm to a task force member shall only be considered after the
individual has completed the required DOJ training course(s) and has demonstrated proficiency
with the firearm.

312.10 ACQUISITION OF FIREARMS


Firearms shall only be purchased or ordered by the DLE Firearms Officer.

TFCs shall not purchase or order firearms on task force letterhead. Firearms shall be obtained
for local officers assigned to task forces by their employing agencies.

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312.10.1 LETTERHEAD PURCHASES
Penal Code 26815 imposes a 10-day waiting period on the delivery of firearms. Penal Code
26950 provides an exemption to the waiting period for full-time paid peace officers who obtain
verifiable written certification from the head of their agency. The certification letter shall be on
Department letterhead and may only be signed by the Director or the Acting Director in the
Directors absence.

If a sworn employee has a need to avoid the 10-day waiting period--for example, the employee
wishes to purchase a firearm while traveling, or the employees leave unexpectedly exceeds 30
days and his/her duty weapon is subject to collection pursuant to Policy Manual 700.6.6--a
letter may be requested in the following manner:

a. The employee will send, via e-mail, a request to the SAC justifying the waiver and
providing his/her full name and date of birth.

b. If the SAC approves the request, he/she shall ensure that a domestic violence
background check is conducted. Provided no adverse information is discovered, the
SAC will forward the employees request, the results of the domestic violence
background check, and his/her recommendation to the Bureau Chief.

c. If the Bureau Chief approves the request, he/she shall forward the package and his/her
recommendation to the Director or Acting Director.

d. If the Director or Acting Director approves the request, a signed letter shall be returned
to the requesting employee. For expediency, the employee may request that the letter is
scanned and sent electronically.

Requests for certification letters should be processed expeditiously; however, they are issued
entirely at the discretion of the Director and may be denied if the Director, or any other member
of the employees chain of command, is aware of adverse information that would preclude the
Department from endorsing a waiver for the employee. If a request is to be denied, the
employee should be notified as soon as practicable.

All certification letters issued pursuant to this section shall be valid for 30 calendar days from the
date signed.

312.10.2 DEPARTMENT-ISSUED WEAPON PURCHASES


An agent may purchase his/her Department-issued weapon within 30 calendar days of the date
of his/her retirement, pursuant to and subject to the conditions imposed by Public Contract Code
10334(b) and DOJAM 11271. The agent must successfully obtain a CCW pursuant to Policy
Manual 220 before he/she may be granted authorization to purchase his/her Department-
issued weapon.

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Any agent who purchases his/her Department-issued weapon shall complete the Firearms
Ownership Registration form (FD 4542A, available on the Departments Web site at
http://ag.ca.gov/firearms/forms/pdf/volreg.pdf) and submit it, with the applicable fee, to the Office
of the Director, which will coordinate with BOF to complete the registration.

312.10.3 AMMUNITION PURCHASES


To ensure consistency, the following procedure shall be followed:

a. Purchase Request JUS 8890

1. The regional office shall prepare a Purchase Request Form (JUS 8890) based on the
current DLE Approved Ammunition List and the DGS Ammunition Contract.

2. The regional office shall obtain approval from the Firearms Officer to purchase the
specified ammunition.

3. If the Firearms Officer questions the need for the specified ammunition, the Firearms
Officer will clarify the need for the ammunition with the Rangemaster.

4. After discussion with the Rangemaster, the Firearms Officer shall

approve/disapprove the questioned ammunition item.

5. If approved, the regional office will note the approval and date on the JUS 8890 and
proceed with the purchase.

b. CAL CARD

1. The regional office shall select the ammunition to be purchased based on the current
DLE Approved Ammunition List and the current DGS Ammunition Contract.

2. The regional office will contact the Firearms Officer via e-mail or fax to request
approval of the ammunition purchase. The Firearms Officer will respond to the
request via e-mail or fax.

3. If the Firearms Officer questions the need for the specified ammunition, the Firearms
Officer shall clarify the need for the ammunition with the Rangemaster. After
discussion with the Rangemaster, the Firearms Officer shall approve/disapprove the
questioned ammunition item.

4. If approved, the regional office may proceed with the purchase. The purchaser shall
attach a copy of the Firearms Officer's written e-mail or fax approval to the purchase
invoice and submit both documents with the monthly CAL-Card statement.

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312.10.4 Not subject to disclosure due to agent safety concerns

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313 Vehicle Stops


313.1 PURPOSE AND SCOPE
The primary purpose of this policy is to provide guidelines to minimize risk of to serious injury or
death in the event a vehicle stop is determined to be necessary. Agents should consider
available alternatives to avoid the necessity of stopping a vehicle for the purpose of arresting a
suspect(s) in a vehicle.

313.2 FELONY VEHICLE STOPS


All felony vehicle stops are high-risk enforcement operations. If a felony vehicle stop is
determined to be necessary, the involved agent(s) should:

a. Identify himself/herself to the vehicle's occupant(s) as a peace officer. The agent(s)


should use a red light and siren when initiating the stop of a suspect's vehicle. Whenever
practical and possible, the agent(s) should make an effort to have a marked patrol
vehicle initiate the stop.

b. Wear ballistic vests as well as appropriate raid uniforms. In addition, agents participating
in the stop should carry their duty weapons, handcuffs, and extra ammunition.

313.3 NON-FELONY TRAFFIC STOPS


On those occasions when concerns for public safety require that a non-felony traffic stop be
made or when the non-felony traffic stop is related to an active/open DLE investigation, agents
should, whenever possible, request that a marked police unit make the vehicle stop. If the non-
felony traffic stop is made by an agent, he/she should:

a. Consider the time of day, traffic flow, weather conditions, location of the stop, and the
safety of the agent(s), the driver and any passengers in the vehicle to be stopped, and
the public.

b. Identify himself/herself to the vehicle's occupant(s) as a peace officer. The agent(s) shall
use a red light and siren in initiating the stop. In addition, all agents participating in the
stop shall wear their duty weapons, handcuffs, and extra ammunition.

c. Immediately following the stop, report to his/her SAS any non-felony traffic stops which
are not associated with an active/open DLE investigation. The agent shall document the
details of the stop to his/her SAC in a memorandum/report within 24 hours of the stop.

1. The memorandum/report will document the necessity for the stop, why the stop could
not have been made by a marked police unit, the identity of the driver and any
passengers in the stopped vehicle, names of any other witnesses, and a description

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of any significant event that occurred during the stop. In addition, the
memorandum/report shall state whether the stop resulted in any formal actions such
as arrests or citations.

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314 Vehicle Pursuits
314.1 PURPOSE AND SCOPE
Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to
serious injury or death. The primary purpose of this policy is to provide agents guidance in
balancing the safety of the public and themselves against law enforcements duty to apprehend
violators of the law. Another purpose of this policy is to reduce the potential for pursuit-related
collisions. Vehicular pursuits require agents to exhibit a high degree of common sense and
sound judgment. Agents must not forget that the immediate apprehension of a suspect is
generally not more important than the safety of the public and pursuing agents.

Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and
under difficult and unpredictable circumstances. In recognizing the potential risk to public safety
created by vehicular pursuits, no agent or supervisor shall be criticized or disciplined for
deciding not to engage in a vehicular pursuit because of the risk involved. This includes
circumstances where department policy would permit the initiation or continuation of the pursuit.
It is recognized that vehicular pursuits are not always predictable and decisions made pursuant
to this policy will be evaluated according to the totality of the circumstances reasonably
available at the time of the pursuit.

Agents must remember that the most important factors to the successful conclusion of a pursuit
are proper self-discipline and sound professional judgment. Agents conduct during the course
of a pursuit must be objectively reasonable that is, what a reasonable agent would do under the
circumstances. An unreasonable individuals desire to apprehend a fleeing suspect at all costs
has no place in professional law enforcement.

314.1.1 VEHICLE PURSUIT DEFINED


A vehicle pursuit is an event involving one or more law enforcement officers attempting to
apprehend a suspect who is attempting to avoid arrest while operating a motor vehicle by using
high speed driving or other evasive tactics such as driving off a highway, turning suddenly, or
driving in a legal manner but willfully failing to yield to an agents signal to stop.

314.2 AGENT RESPONSIBILITIES


It shall be the policy of this department that a motor vehicle pursuit shall be conducted only with
red light and siren as required by Vehicle Code 21055 for exemption from compliance with the
rules of the road. The following policy is established to provide agents with guidelines for driving
with due regard and caution for the safety of all persons using the highway as required by
Vehicle Code 21056.

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314.2.1 WHEN TO INITIATE A PURSUIT
Agents are authorized to initiate a pursuit when it is reasonable to believe that a suspect is
attempting to evade arrest or detention by fleeing in a vehicle and the escape and continued
freedom of the suspect would pose a threat of great bodily harm or death to law enforcement
personnel and/or the public. The following factors individually and collectively shall be
considered in deciding whether to initiate a pursuit:

a. Seriousness of the known or reasonably suspected crime and its relationship to

community safety.

b. The importance of protecting the public and balancing the known or reasonably
suspected offense and the apparent need for immediate capture against the risks to
agents, innocent motorists and others.

c. Apparent nature of the fleeing suspect(s) (e.g., whether the suspect(s) represent a
serious threat to public safety).

d. The identity of the suspect(s) has been verified and there is comparatively minimal risk
in allowing the suspect(s) to be apprehended at a later time.

e. Safety of the public in the area of the pursuit, including the type of area, time of day, the
amount of vehicular and pedestrian traffic and the speed of the pursuit relative to these
factors.

f. Pursuing agent(s) familiarity with the area of the pursuit, the quality of radio
communications between the pursuing units and the dispatcher/supervisor and the
driving capabilities of the pursuing agents under the conditions of the pursuit.

g. Weather, traffic and road conditions that substantially increase the danger of the pursuit
beyond the worth of apprehending the suspect.

h. Performance capabilities of the vehicles used in the pursuit in relation to the speeds and
other conditions of the pursuit.

i. Vehicle speeds.

j. Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and

hostages).

k. Availability of other resources such as helicopter assistance.

l. The bureau unit is carrying passengers other than bureau agents. Pursuits should not be
undertaken with a prisoner(s) in the police vehicle.

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314.2.2 WHEN TO TERMINATE A PURSUIT
Pursuits should be discontinued whenever the totality of objective circumstances known or
which reasonably ought to be known to the agent or supervisor during the pursuit indicates that
the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from
the suspect(s) escape. This divisions participation in pursuits shall be terminated when the
CHP or another law enforcement agencys marked vehicle(s) assumes control.

The factors listed in Policy Manual 314.2.1 are expressly included herein and will apply
equally to the decision to discontinue as well as the decision to initiate a pursuit.

Agents and supervisors must objectively and continuously weigh the seriousness of the offense
against the potential danger to innocent motorists and themselves when electing to continue a
pursuit. In the context of this policy, the term "terminate" shall be construed to mean discontinue
or to stop chasing the fleeing vehicle(s).

In addition to the factors listed in Policy Manual 314.2.1, the following factors should also be
considered in deciding whether to terminate a pursuit:

a. Distance between the pursuing agents and the fleeing vehicle(s) is so great that further
pursuit would be futile or require the pursuit to continue for an unreasonable time and/or
distance.

b. Pursued vehicles location is no longer definitely known.

c. Agents pursuit vehicle sustains any type of damage that renders it unsafe to drive.

d. Extended pursuits of violators for misdemeanors not involving violence or risk of serious
harm (independent of the pursuit) are discouraged.

e. Hazards to uninvolved bystanders or motorists.

f. If the identity of the offender is known and it does not reasonably appear that the need
for immediate capture outweighs the risks associated with continuing the pursuit, agents
should strongly consider discontinuing the pursuit and apprehending the offender at a
later time.

g. Directed by a supervisor.

314.2.3 SPEED LIMITS


The speed of a pursuit is a factor that should be evaluated on a continuing basis by the agent
and supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer
safety and the safety of the occupants of the fleeing vehicle.

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Should high vehicle speeds be reached during a pursuit, agents and supervisors shall also
consider these factors when determining the reasonableness of the speed of the pursuit:

a. Pursuit speeds have become unreasonably unsafe for the surrounding conditions.

b. Pursuit speeds have exceeded the driving ability of the agent.

c. Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its

operation unsafe.

314.3 PURSUIT UNITS


Pursuit units should be limited to three vehicles (two units and a supervisor however, the
number of units involved will vary with the circumstances. An agent or supervisor may request
additional units to join a pursuit if, after assessing the factors outlined above, it appears that the
number of agents involved would be insufficient to safely arrest the suspect(s). All other agents
should stay out of the pursuit, but should remain alert to its progress and location. Any agent
who drops out of a pursuit may then, if necessary, proceed to the termination point at legal
speeds, following the appropriate rules of the road.

314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT


Vehicles not equipped with red light and siren are generally prohibited from initiating or joining in
any pursuit. Agent(s) in such vehicles, however, may become involved in emergency activities
involving serious crimes or life threatening situations. Those agents should terminate their
involvement in any pursuit immediately upon arrival of a sufficient number of emergency police
vehicles or any police helicopter. The exemptions provided by Vehicle Code 21055 do not
apply to agents using vehicles without emergency equipment.

314.3.3 PRIMARY UNIT RESPONSIBILITIES


The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for
the conduct of the pursuit unless it is unable to remain reasonably close enough to the violators
vehicle. The primary responsibility of the agent initiating the pursuit is the apprehension of the
suspect(s) without unreasonable danger to themselves or other persons.

Notify the base station operator or field supervisor and other involved units that a vehicle pursuit
has been initiated, initiate a Code 3 when radio traffic can be expected to interfere with the
pursuit, and as soon as practical provide information including, but not limited to:

a. Reason for the pursuit.

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b. Location and direction of travel.

c. Speed of the fleeing vehicle.

d. Description of the fleeing vehicle and license number, if known.

e. Number of known occupants.

f. The identity or description of the known occupants.

g. Information concerning the use of firearms, threat of force, injuries, hostages or other
unusual hazards.

Unless relieved by a supervisor or secondary unit, the agent in the primary unit shall be
responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances
indicate otherwise, and in order to concentrate on pursuit driving, the primary agent should
relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or
aircraft joining the pursuit.

314.3.4 SECONDARY UNIT(S) RESPONSIBILITIES


The second agent in the pursuit is responsible for the following:

a. The agent in the secondary unit should immediately notify the base station or field
supervisor of entry into the pursuit.

b. Request the assistance of a marked police vehicle if one has not been requested
already by the base station operator or field supervisor.

c. Remain a safe distance behind the primary unit unless directed to assume the role of
primary agent, or if the primary unit is unable to continue the pursuit.

d. The secondary agent should be responsible for broadcasting the progress of the pursuit
unless the situation indicates otherwise.

314.3.5 PURSUIT DRIVING TACTICS


The decision to use or not use specific driving tactics requires the same assessment of
considerations outlined in the factors to be considered concerning pursuit initiation and
termination. The following are tactics for units involved in the pursuit:

a. Agents, considering their driving skills and vehicle performance capabilities, will space
themselves from other involved vehicles such that they are able to see and avoid
hazards or react safely to maneuvers by the fleeing vehicle.

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b. Because intersections can present increased risks, the following tactics should be
considered:

1. Available units not directly involved in the pursuit may proceed safely to controlled
intersections ahead of the pursuit in an effort to warn cross traffic.

2. Pursuing units should exercise due caution when proceeding through controlled
intersections.

c. As a general rule, agents should not pursue a vehicle driving left of center (wrong way)
on a freeway. In the event the pursued vehicle does so, the following tactics should be
considered:

1. Requesting assistance from an air unit.

2. Maintaining visual contact with the pursued vehicle by paralleling it on the correct
side of the roadway.

3. Requesting other units to observe exits available to the suspect(s).

4. Notifying the California Highway Patrol and/or other jurisdictional agency.

d. Agents involved in a pursuit should not attempt to pass other units unless the situation
indicates otherwise or requested to do so by the primary unit.

314.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE


PURSUIT
There should be no paralleling of the pursuit route. Agents should remain in their assigned area
and should not become involved with the pursuit unless directed otherwise by a supervisor.

Non-pursuing personnel needed at the termination of the pursuit should respond in a non-
emergency manner, observing the rules of the road.

The primary and secondary units should be the only units operating under emergency
conditions (red light and siren) unless other units are assigned to the pursuit.

314.3.7 PURSUIT TRAILING


In the event the initiating unit from this agency either relinquishes control of the pursuit to
another unit or jurisdiction, that initiating unit may, with permission of supervisor, trail the pursuit

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to the termination point in order to provide necessary information and assistance for the arrest
of the suspect(s).

The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic
laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the
trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an
absence of participation in the pursuit.

314.3.8 AIRCRAFT ASSISTANCE


When available, aircraft assistance should be requested at the supervisors discretion. Once the
air unit has established visual contact with the pursued vehicle, it should assume control over
the pursuit. The primary and secondary ground units should consider the participation of aircraft
assistance when determining whether to continue the pursuit.

The air unit should coordinate the activities of resources on the ground, report progress of the
pursuit and provide agents and supervisors with details of upcoming traffic congestion, road
hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If
ground units are not within visual contact and the air unit determines that it is unsafe to continue
the pursuit, the air unit has the authority to terminate the pursuit.

314.4 SUPERVISORY CONTROL AND RESPONSIBILITY


It is the policy of this department that available supervisory and management control will be
exercised over all motor vehicle pursuits involving agents from this department.

The field supervisor of the agent initiating the pursuit, or if unavailable, the nearest field
supervisor will be responsible for the following:

a. Notifying the CHP and all affected local law enforcement agencies and requesting that
the CHP assume control of the pursuit.

b. Upon becoming aware of a pursuit, immediately ascertaining all reasonably available


information to continuously assess the situation and risk factors associated with the
pursuit in order to ensure that the pursuit is conducted within established department
guidelines, and ordering the immediate termination of a pursuit that does not meet the
initiation criteria of Policy Manual 314.2.1.

c. Engaging in the pursuit, when appropriate, to provide on-scene supervision.

d. Exercising management and control of the pursuit even if not engaged in it.

e. Ensuring that no more than the number of required police units needed are involvedin
the pursuit under the guidelines set forth in this policy.

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f. Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to continue
the pursuit under the guidelines of this policy.

g. Evaluating the need for aircraft and ensuring that aircraft are requested if available.

h. Ensuring that the proper radio channel is being used.

i. Ensuring the notification and/or coordination of outside agencies if the pursuit must
continue.

j. Control and manage DLE units when a pursuit enters another jurisdiction.

k. Preparing post-pursuit critique and analysis of the pursuit for training purposes.

l. Directing personnel when taking custody of the suspect(s).

314.4.1 SAC RESPONSIBILITY


Upon becoming aware that a pursuit has been initiated, the SAC should immediately notify the
appropriate Bureau Chief, who should notify the Deputy or Assistant Director.

In all pursuits, the SAC should coordinate with the field supervisor as appropriate, monitor and
continually assess the situation, and ensure the pursuit is conducted within the guidelines and
requirements of this policy. The SAC has the final responsibility for the coordination, control and
termination of a motor vehicle pursuit and shall be in overall command.

The SAC shall review all pertinent reports for content and ensure that a summary memorandum
and all available reports are forwarded to the Bureau Chief within five (5) working days of the
incident.

314.5 COMMUNICATIONS
If the pursuit is confined within the State limits, radio communications will be conducted on the
primary repeater channel for the operational area unless instructed otherwise by a supervisor or
base station operator. If the pursuit leaves the jurisdiction of this department or such is
imminent, involved units should, whenever available, switch radio communications to an
emergency channel most accessible by participating agencies and units.

314.5.1 BASE STATION RESPONSIBILITIES


Upon notification that a pursuit has been initiated, the base station will:

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a. Coordinate pursuit communications of the involved units and personnel.

b. Notify and coordinate with other involved or affected agencies as practical.

c. Ensure that a field supervisor is notified of the pursuit.

d. Assign an incident number and log all pursuit activities.

e. Broadcast pursuit updates as well as other pertinent information as necessary.

f. Notify the SAC as soon as practical.

314.5.2 LOSS OF PURSUED VEHICLE


When the pursued vehicle is lost, the primary unit should broadcast pertinent information to
assist other units in locating suspects. The primary unit will be responsible for coordinating any
further search for either the pursued vehicle or suspects fleeing on foot.

314.6 INTER-JURISDICTIONAL CONSIDERATIONS


When a pursuit enters another agencys jurisdiction, the primary agent or supervisor, taking into
consideration distance traveled, unfamiliarity with the area, and other pertinent facts, should
determine whether or not to request the other agency to assume the pursuit.

Unless entry into another jurisdiction is expected to be brief, it is generally recommended that
the primary agent or supervisor ensure that notification is provided to each outside jurisdiction
into which the pursuit is reasonably expected to enter, regardless of whether or not such
jurisdiction is expected to assist.

314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY


Units originally involved will discontinue the pursuit when advised that another agency has
assumed the pursuit and assistance of the California Department of Justice is no longer
needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at
the direction of a supervisor, to the termination point to assist in the investigation.

The role and responsibilities of agents at the termination of a pursuit initiated by this department
shall be coordinated with appropriate consideration of the units from the agency assuming the
pursuit.

Notification of a pursuit in progress should not be construed as a request to join the pursuit.
Requests to or from another agency to assume a pursuit should be specific. Because of

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communication limitations between local agencies and CHP units, a request for CHP assistance
will mean that they will assume responsibilities for the pursuit.

314.7 PURSUIT INTERVENTION


Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a
motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT
(Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming
shall be construed to mean maneuvering the bureau unit into contact with the pursued vehicle to
mechanically disable or forcibly position it such that further flight is not possible or practical.

DLE personnel shall not utilize pursuit intervention tactics.

314.7.2 DEFINITIONS
Blocking or Vehicle Intercept - A slow speed coordinated maneuver where two or more patrol
vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of
which may be unaware of the impending enforcement stop, with the goal of containment and
preventing a pursuit. Blocking is not a moving or stationary road block.

Boxing in - A tactic designed to stop a violators vehicle by surrounding it with law enforcement
vehicles and then slowing all vehicles to a stop.

Pursuit Intervention Technique (PIT) - A low speed maneuver designed to cause the suspect
vehicle to spin out and terminate the pursuit.

Ramming - The deliberate act of impacting a violators vehicle with another vehicle to
functionally damage or otherwise force the violators vehicle to stop.

Roadblocks - A tactic designed to stop a violators vehicle by intentionally placing an


emergency vehicle or other immovable object in the path of the violators vehicle.

Spikes or Tack Strips - A device that extends across the roadway designed to puncture the
tires of the pursued vehicle.

314.7.3 USE OF FIREARMS


The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves
all the dangers associated with discharging firearms. Agents should not utilize firearms during
an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably
appears necessary to protect life. Nothing in this section shall be construed to prohibit any agent
from using a firearm to stop a suspect from using a vehicle as a deadly weapon.

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314.7.5 CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion
of a pursuit and apprehension of evading suspects. Agents shall use only that amount of force,
which reasonably appears necessary under the circumstances, to properly perform their lawful
duties.

Unless relieved by a supervisor the primary agent should coordinate efforts to apprehend the
suspect(s) following the pursuit. Officers should consider safety of the public and the involved
agent when formulating plans to contain and capture the suspect.

Agents should always be conscious of the physical hazards and/or hostile environment of their
surroundings.

314.8 REPORTING REQUIREMENTS


The following reports should be completed to comply with appropriate local and state
regulations:

a. The primary agent shall complete appropriate crime/arrest reports.

b. Pursuant to Vehicle Code 14602.1(b), the primary agent shall complete form CHP
187A, Allied Agency Vehicle Pursuit Report, to be reviewed by the SAC and filed with
the CHP either electronically or on paper not later than 30 days after the pursuit.

c. After first obtaining available information, a field supervisor shall promptly complete a
memorandum briefly summarizing the pursuit to his/her SAC. This memo should
minimally contain the following information:

1. Date and time of pursuit.

2. Length of pursuit.

3. Involved units and agents.

4. Initial reason for pursuit.

5. Starting and termination points.

6. Disposition: arrest, citation, etc. Arrestee information should be provided if


applicable.

7. Injuries and/or property damage.

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8. Medical treatment.

9. Name of supervisor at scene.

10. A preliminary determination that the pursuit appears to be in compliance with this
policy OR additional review and/or follow-up is warranted.

314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING


In addition to initial and supplementary POST training on pursuits required by Penal Code
13519.8, all sworn members of this department will participate no less than annually in regular
and periodic department training addressing this policy and the importance of vehicle safety and
protecting the public at all times, including a recognition of the need to balance the known
offense and the need for immediate capture against the risks to agents and others (Vehicle
Code 17004.7(d)).

314.8.2 POLICY REVIEW


As part of this departments tactical training program, by June 30 of each year, each sworn
member of this department shall certify in writing that they have received, read and understand
this policy initially and upon any amendments and the POST Pursuit Driving Telecourse. The
signed attestations shall be forwarded to, and maintained by, the ATC.

314.9 APPLICATION OF MOTOR VEHICLE PURSUIT POLICY


This policy is expressly written and adopted pursuant to the provisions of Vehicle Code
17004.7, with additional input from the POST Vehicle Pursuit Guidelines.

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315 Daily Reports
315.1 PURPOSE AND SCOPE
Each regional manager will notify the Press Officer and Headquarters by 3:00 p.m. each work
day of any significant events which have occurred during the past 24 hours. Task Force
Commanders will report significant events to the appropriate SAC.

315.2 EVENTS SUBJECT TO REPORTING


Events considered significant include, but are not limited to, the following:

a. Any encounter, such as an arrest or investigation, involving a public figure, excluding


confidential investigations.

b. Any shooting or other event of armed confrontation involving a DLE employee, whether
or not in the course of duty.

c. Any investigation or request for investigation that will likely generate unusual public
interest or media attention in the near future, or has significant potential to result in
litigation.

d. All contacts from the news media.

1. Inquiries that are routine in nature may simply be listed by name of reporter, name of
news agency, and subject of the call.

2. Inquiries related to non-routine matters which require an employee to explain a


program or elaborate on activities by the Division or its employees should be
reported with a brief summary of the nature of the contact and the information
provided.

3. Any media inquiry related to an event which is urgent, exceptionally newsworthy, or


by its nature dictates timely notification of the Director and the Attorney General
should also be made by telephoning the Public Information Officer and/or Bureau
Chief immediately, to be followed with a more complete daily report. In the event the
Information Officer or the Bureau Chief cannot be reached by telephone, the
Command Center should be contacted and asked to call them.

4. Any requests from the news media for personal interviews on matters of Department
policy should be referred to the Public Information Officer with a recommendation for
the most appropriate person to respond.

e. Any significant accidents or injuries to Division personnel, whether on- or off-duty.

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f. Any criminal investigation or arrest involving Division personnel, whether on- or off-duty.

315.3 PROLAW (BMFEA)

Court activity must be entered into ProLaw within two days to ensure that the event will appear
in the Daily Report. The BMF Primary is responsible for the first court-related entry into
ProLaw, which is the filing of a search warrant or the filing of a felony or misdemeanor
complaint. A court-endorsed copy of the search warrant or criminal complaint and Declaration in
Support of the Arrest is scanned and imported into ProLaw as a child of the docket event.

As the case progresses, agents and auditors shall continue to gather court documents when
possible. Once collected, the documents shall be sent to the DAGs designated secretary to be
scanned and imported into ProLaw.

When a case is being prosecuted by an outside agency, the agents and auditors shall maintain
contact with the agencys prosecutor and notify the case DAGs designated secretary of the
status of the case.

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319 Transporting Prisoners
319.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the transport of prisoners in vehicles or
aboard commercial aircraft by agents of this division.

319.2 TRANSPORTING PRISONERS IN VEHICLES


Agents shall avoid transporting prisoners alone. All prisoners being transported shall have their
hands cuffed properly behind their backs and shall be securely seat-belted.

When prisoners are transported in assigned, unmarked undercover vehicles, the following
guidelines shall be observed:

One agent, one prisoner - The prisoner shall be placed in the right front passenger
seat.

One agent, two or more prisoners - Prohibited. The agent shall contact his/her

supervisor for additional agent support.

Two agents, one prisoner - The prisoner shall be transported in the rear seat, right
side. The second agent shall ride in the rear seat directly behind the driver.

Two agents, two prisoners - The prisoners shall be in the middle and right side seats.
The second agent should ride in the rear seat directly behind the driver. If there
insufficient room in the rear seat, one prisoner shall be placed in the right front seat and
the other prisoner shall be placed in the right side rear seat. The second agent shall
remain in the left rear seat.

The transport of female prisoners shall be performed in the manner and with the same
precautions used with male prisoners except that there shall be at least two agents for the
transport of female prisoners and, when feasible, one agent should be a female.

Whenever possible, prisoners should be secured in the prisoner restraint system in the rear seat
of a local law enforcement agencys patrol vehicle or, when a prisoner restraint system is not
available, by seat belts. The prisoner should be in a seating position for which seat belts have
been provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a
substitute for handcuffs or other appendage restraints.

319.3 ESCORTING PRISONERS ABOARD AIRCRAFT


Agents are expected to adhere to the following procedures when transporting prisoners aboard
commercial aircraft:

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a. Prior to transporting a prisoner aboard a commercial aircraft, the SAC will determine the
prisoner's risk level based on the following criteria:

1. A "high risk" prisoner is a prisoner who is an exceptional escape risk, and/or is


charged with, or convicted of, a violent crime.

2. A "low risk" prisoner is a prisoner who has not been designated as "high risk."

3. Unless otherwise authorized by the Transportation Security Administration, United


States Department of Homeland Security, no more than one high risk prisoner shall
be carried on an aircraft.

b. Agents who escort a prisoner aboard an aircraft shall:

1. Provide the air carrier with the following information at least 24 hours before the
scheduled departure or if that is not possible as far in advance as possible:

a. The identity of the prisoner.

b. The flight on which it is proposed to carry the prisoner.

c. The prisoner's risk level: high or low, as defined by this section.

2. Thoroughly search the prisoner to ensure that he/she does not have on or about
his/her person or property anything that can be used as a weapon.

3. Arrive at the check-in counter at least one hour before the scheduled departure time.

4. Assure the air carrier, before departure, that the prisoner has been thoroughly
searched.

5. Be seated between the prisoner and any aisle. In addition, the prisoner shall not be
seated in any passenger lounge area or next to or directly across from any exit. The
air carrier should be asked to seat the prisoner in the rearmost seat of the passenger
cabin.

6. Accompany the prisoner at all times, and keep the prisoner under control while
aboard the aircraft. In addition, the prisoner shall be restrained from the full use of
his/her hands by an appropriate device that provides for minimum movement of the
prisoner's hands. Leg irons shall not be used.

7. Inspect any food or beverage to be served to the prisoner in order to prevent the
prisoner from consuming any alcoholic beverage and/or obtaining any metal eating
utensil that could be used as a weapon.

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c. Whenever practicable, the agent(s) and the prisoner will board before any other
boarding passengers and deplane after all other deplaning passengers.

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320 Domestic Violence

320.1 PURPOSE AND SCOPE


Domestic violence is alleged criminal conduct and it is the policy of the California Department of
Justice to stress enforcement of criminal laws related to domestic violence, the protection of the
victim, and the availability of civil remedies and community resources. This includes the arrest of
domestic violence offenders and those who violate protective orders if there is probable cause
to believe an offense has occurred.

In responding to domestic violence incidents, agents should generally be reluctant to make dual
arrests. Agents shall make reasonable efforts to identify the dominant aggressor in any incident.
The dominant aggressor is the person determined to be the most significant, rather than the
first, aggressor. In identifying the dominant aggressor, an agent shall consider:

a. The intent of the law to protect victims of domestic violence from continuing abuse

b. The threats creating fear of physical injury

c. The history of domestic violence between the persons involved

d. Whether either person acted in self-defense

If an employee receives information of a possible domestic violence incident, he/she shall


immediately notify the appropriate local law enforcement agency.

320.1.1 DEFINITIONS
The following definitions are provided by Penal Code 13700:

Abuse - means intentionally or recklessly causing or attempting to cause bodily injury, or


placing another person in reasonable apprehension of imminent serious bodily injury.

Domestic Violence - is abuse committed against an adult or minor who is a spouse, former
spouse, cohabitant, former cohabitant, or a person with whom the suspect has had a child or is
having or has had a dating or engagement relationship.

Cohabitant - means two unrelated adult persons living together for a substantial period of time,
resulting in some permanence of relationship. Factors that may determine whether persons are
cohabiting include, but are not limited to:

Sexual relations between the parties while sharing the same living quarters

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Sharing of income or expenses

Joint use or ownership of property

Whether the parties hold themselves out as husband and wife

The continuity of the relationship

The length of the relationship

The above definition of cohabitant is used for the application of enforcing Penal Code 273.5.
Family Code 6209 expands the definition of cohabitant to include a person who regularly
resides in the household for the application of enforcing Penal Code 836(d).

Victim - means a person who is a victim of domestic violence.

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322 Search & Seizure

322.1 PURPOSE AND SCOPE


Case law regarding search and seizure is ever changing and frequently subject to interpretation
under the varying facts of each situation; therefore, employees are advised to refer to the
California Peace Officers Legal Sourcebook (Policy Manual 106.5.3) for search and seizure
issues. This policy is intended to provide administrative guidelines only.

322.6 AFFIDAVITS
When preparing reports and affidavits on which warrants will be based, the reporting agent or
affiant and his/her supervisor shall take all steps necessary to ensure accurate and complete
information.

When an affidavit is prepared and the warrant is signed by a magistrate, a copy of the affidavit,
the search warrant, and the search warrant return shall be retained in the case file, regardless
of whether or not the warrant was actually served.

322.7 SEARCH WARRANT REVIEW


Absent extenuating circumstances, affidavits and related documents prepared in support of a
search warrant, pen register or wiretap shall be subjected to legal review prior to submission to
a magistrate. The required legal review may be accomplished by county, state, or federal
prosecutors as appropriate.

No agent shall serve any warrant he/she believes is lacking in probable cause even if the
warrant is signed by a magistrate. The SAS, acting SAS, or agent in charge of the search
warrant operation shall read the face of the search warrant, including the description of the
location and items to be searched for, to all participating personnel during the pre-operation
briefing. Agents and SASs shall also review all search warrants and supporting affidavits not
prepared by DLE personnel prior to agreeing to participate in any other agencys search warrant
service. If the agent or the SAS believes that the affidavit lacks sufficient probable cause or
does not clearly describe the location to be searched, whether signed by a magistrate or not,
DLE shall not participate in the service of the warrant.

The reporting agent shall document in the investigation report the fact that the affidavit was
reviewed, the name(s) of person(s) reviewing, and that the description of the location to be
searched and items or information to be searched for was read to all personnel participating in
the search warrant.

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322.7.1 LEGAL REVIEW EXEMPTIONS
It is recognized, due to the broad range of circumstances existing in criminal investigations, that
prior legal review of search warrants may not always be feasible. Listed below are five
circumstances which constitute exceptions to the requirement for prior legal review of search
warrants.

a. Secured Premises - When a vehicle, residence, or other structure is secured without a


warrant for tactical reasons during any investigation, and agents have persons in
custody or detention, and the determination is made that a warrant must be obtained for
a further search of the vehicle, residence or other structure.

b. Officer Safety - When tactical issues such as officer safety, destruction of evidence or
flight of a criminal suspect require the immediate transmittal of a search warrant affidavit
and search warrant to a magistrate.

c. Reviewer Availability - When a District Attorney, Deputy Attorney General or U.S.


Attorney is not readily available to review a warrant which requires service on the same
day it is prepared.

d. Assist to Allied Agencies - When agents respond to a request for assistance from
allied law enforcement agencies to assist in the service of a search warrant or
monitoring of a pen register or wiretap that has been prepared, reviewed, and taken to
the magistrate by the allied agency. In some cases; however, when a SAC, while acting
in concert with allied agencies, believes that a case is sensitive in nature, he/she may
elect to either require a legal review at his/her level by a District Attorney, Deputy
Attorney General, or U.S. Attorney, or opt not to participate in the investigation.

e. Telephonic Warrants - When a supervisor determines that, because of the immediate


need for a search warrant, a telephonic warrant is appropriate and a conference calling
capability is not available for simultaneous review by a District Attorney, Deputy Attorney
General, or U.S. Attorney along with a magistrate and peace officer. However, the
District Attorney, Deputy Attorney General, or U.S. Attorney shall be notified and briefed
on the circumstances prior to contacting a magistrate.

Legal review is required in all cases prior to the issuance of pen registers or wiretaps.

322.8 PRE-WARRANT SERVICE REVIEW


Prior to initiating the service of a search and/or an arrest warrant, agents should make every
effort to obtain accurate identifications and descriptions of suspects and premises by conducting
surveillance of the location(s) in question prior to the pre-operation briefing. The pre-warrant
service preparation shall include, but not be limited to, all available photographs, sketches,
and/or video tape recordings of the suspects and location(s).

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322.9 CONSENT TO SEARCH
When requesting consent to conduct a search during a detention or consensual encounter, or
prior to service of a search warrant, agents are authorized and encouraged to attempt to obtain
written consent using a Consent to Search form (DLE 243). The DLE 243 form is available on
the Intranet in both English and Spanish. The attempt to gain consent and, if granted, the
method(s) by which consent was obtained shall be documented in the report.

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324 Temporary Custody of Juveniles

324.1 PURPOSE AND SCOPE


If an agent has reasonable cause to believe a juvenile should be taken into temporary custody,
the agent shall notify the appropriate local law enforcement agency. This policy provides
guidelines and requirements for the detention and disposition of juveniles taken into temporary
custody by members of the California Department of Justice until such time as the juveniles are
released into the custody of a local law enforcement officer.

324.2 AUTHORITY TO DETAIN


Legal authority for taking custody of juvenile offenders is found in Welfare and Institutions Code
625. A misdemeanor need not have been committed in the officers presence (Welfare &
Institutions Code 625(a)). Legal authority for taking a possible court dependent (Welfare &
Institutions Code 300) into custody without a warrant is found in Welfare and Institutions Code
305 as restricted in Welfare and Institutions Code section 305.6.

324.2.1 CONSTITUTIONAL RIGHTS ADVISEMENT


In any case where a juvenile offender is taken into temporary custody, Welfare and Institutions
Code 625 requires the agent advise the offender/probation violator/escapee of his/her
constitutional (Miranda) rights.

324.2.2 CHILDREN UNDER THE AGE OF 14


Whenever a child under the age of 14 is taken into custody for a status or criminal offense, the
arresting agent should take reasonable steps to verify and document the child's ability to
differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code
26). The child should be advised of his/her constitutional rights prior to that inquiry.

324.3 TEMPORARY CUSTODY


When, during an investigation, an agent has reasonable cause to believe a juvenile should be
taken into temporary custody for a criminal offense, the agent shall notify and provide
assistance to a local law enforcement agency.

No juvenile may be held in temporary custody at the California Department of Justice without
authorization of the arresting agents supervisor or the SAC. An individual taken into custody for
Welfare and Institutions Code 300 or 601 shall be processed as soon as practical. Juveniles
detained under Welfare and Institutions Code 602 may not be held at this facility for more than
six hours from the time of arrival at the California Department of Justice. Section 300
(dependency) detainees must be segregated from sections 601 (status offenders) and 602

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(delinquency) detainees (Welfare & Institutions Code 206). A section 300 detainee may not be
placed in a secure facility.

When a juvenile is taken into custody, the following steps shall be taken by the arresting agent
or the detective assigned to the case:

a. Take immediate steps to notify the juveniles parent, guardian, or a responsible relative
that such juvenile is in custody and provide the location where the juvenile is being held
and the intended disposition (Welfare and Institutions Code 627).

b. Submit a completed report to the SAC for approval.

Abused or neglected children and status offenders (juveniles falling within provisions of Welfare
and Institutions Code 300 and 601) may not be detained in jails or lockups. Section 300
detainees may be taken to a child welfare agency but may not be held in a secured environment
or come into contact with adults in custody in the station. Section 601 detainees also may not be
held in a secure facility or come into contact with adults in custody in the station. In applicable
counties, if the agent takes a curfew violator into temporary custody, the agent shall transport
the violator to his/her residence or release the violator to a parent (Welfare & Institutions Code
625.5(b) and (c)). In the case of other status offenders where the agent has taken the
minor into temporary custody, the agent must either release the minor, deliver or refer the minor
to the proper agency for shelter care, release the minor after completing a notice to appear, or
deliver the minor to the probation officer (Welfare & Institutions Code 601, 625, 626, 626.5).

A minor who is 14 years or older and taken into custody for the personal use of a firearm in the
commission or attempted commission of an offense listed in Welfare and Institutions Code
707(b) shall not be released until the minor is brought before a judicial officer.

324.3.1 TEMPORARY CUSTODY REQUIREMENTS


All juveniles held in temporary custody shall have the following made available to them:

a. Access to toilets and washing facilities.

b. One snack upon request during term of temporary custody if the juvenile has not eaten
within the past four hours or is otherwise in need of nourishment. The snack shall be
provided by the arresting agent, jailer or as directed by a supervisor.

c. Access to drinking water.

d. Privacy during visits with family, guardian, or lawyer.

e. Immediately after being taken to a place of temporary confinement, and except where
physically impossible no later than one hour after being taken into custody, the detaining

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agent shall advise and provide the juvenile an opportunity to make at least two
completed telephone calls: (1) to a parent, guardian, responsible relative or employer;
and (2) to an attorney (Welfare and Institutions Code 627).

324.3.2 NON-CONTACT REQUIREMENTS


Employees shall not allow physical or sustained sight or sound contact between detained
juveniles and incarcerated adults. Sight contact is clear visual contact between adult inmates
and juveniles within close proximity to each other; sound contact is direct oral communication
between adult inmates and juvenile offenders. This applies to both non-secure and secure
detentions (Welfare & Institutions Code 208 and 15 CCR 1006).

In situations where brief or accidental contact may occur, such as booking or movement
between facilities, employees trained in the supervision of inmates must be present. These
trained employees must maintain a constant, side-by-side presence with the minor or the adult
to prevent sustained contact (15 CCR 1144).

324.4 TYPES OF CUSTODY


The following provisions apply to types of custody, and detentions of section 602 (delinquency)
offenders brought to a local jail.

324.4.1 NON-SECURE CUSTODY


All juveniles not meeting the criteria to be placed in a locked detention room, or any juvenile
under the age of 14 years taken into custody for a criminal violation, regardless of the
seriousness of the offense, may be temporarily detained in the bureau facility; however, the
custody must be non-secure and separate from adult detainees.

Non-secure custody means juveniles shall be placed in an unlocked room or open area.
Juveniles may be handcuffed, but not to a stationary or secure object. Juveniles shall receive
constant personal visual supervision by law enforcement personnel. Monitoring a juvenile using
audio, video or other electronic devices does not replace constant personal visual supervision.

324.4.2 SECURE CUSTODY


A juvenile may be held in secure detention in the jail, but segregated from adult detainees, if the
juvenile is 14 years of age or older and, if in the reasonable belief of the peace officer, the
juvenile presents a serious security risk of harm to self or others, as long as all other conditions
of secure detention set forth below are met. Any juvenile in temporary custody who is less than
14 years of age, or who does not, in the reasonable belief of the peace officer, present a serious
security risk of harm to self or others, shall not be placed in secure detention, but may be kept in

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non-secure custody in the facility as long as all other conditions of non-secure custody are met
(Welfare and Institutions Code 602, Title 15 California Code of Regulations 1545).

a. In making the determination whether the juvenile presents a serious security risk of harm
to self or others, the agent may take into account the following factors:

1. Age, maturity, and delinquent history of the juvenile.

2. Severity of the offense(s) for which the juvenile was taken into custody.

3. Juveniles behavior, including the degree to which the minor appears to be


cooperative or non-cooperative.

4. The availability of staff to provide adequate supervision or protection of the juvenile.

5. The age, type, and number of other individuals who are detained in the facility.

b. A juvenile may be locked in a room or secured in a detention room subject to the

following conditions:

1. Juvenile is 14 years of age or older.

2. Juvenile is taken into custody on the basis of having committed a criminal law
violation as defined in Welfare and Institutions Code 602.

3. Detention at this facility does not exceed six hours from the time of arrival at the
bureau station, when both secure and non-secure time is combined.

4. Detention is for the purpose of giving the agent time to investigate the case, facilitate
the release of the juvenile to parents, or arrange transfer to Juvenile Hall.

5. The agent apprehending the juvenile has reasonable belief that the juvenile presents
a "serious security risk of harm to self or others." Factors to consider include:

a. Age, maturity, and delinquent history of juvenile.

b. Severity of offense for which taken into custody.

c. Juveniles behavior.

d. Availability of staff to provide adequate supervision or protection of the juvenile.

e. Age, type, and number of other individuals detained at the facility.

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324.4.3 SECURE DETENTION OF JUVENILES
While in secure detention, minors may be locked in a room or other secure enclosure, secured
to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect
the juvenile or and others from harm.

a. Minors held in secure detention outside of a locked enclosure shall not be secured to a
stationary object for more than 30 minutes unless no other locked enclosure is available.
If a juvenile is secured, the following conditions must be met:

1. A Department employee must be present at all times to ensure the juveniles safety
while secured to a stationary object.

2. Juveniles who are secured to a stationary object are moved to a detention room as
soon as one becomes available.

3. Juveniles secured to a stationary object for longer than 30 minutes, and every 30
minutes thereafter, shall be approved by the designated supervisor and the reason
for continued secure detention shall be documented.

b. In the event a juvenile is held inside a locked enclosure, the juvenile shall receive
adequate supervision which, at a minimum, includes:

1. Constant auditory access to staff by the juvenile

2. Unscheduled personal visual supervision of the juvenile by department staff, no less


than every 30 minutes. These visual checks shall be documented.

c. Males and females shall not be placed in the same locked room unless under direct
visual supervision.

324.4.5 JUVENILES PERSONAL PROPERTY


The agent placing a juvenile into a detention room must make a thorough search of the
juveniles property. This will ensure all items likely to cause injury to the juvenile or the facility
are confiscated and placed in a property bag. The property shall be inventoried in the juveniles
presence and sealed into the bag. The property will be maintained by the responsible detective
or the desk personnel or locked in a juvenile property locker until the juvenile is released from
the custody of the California Department of Justice.

324.4.6 MONITORING OF JUVENILES


The juvenile shall constantly be monitored by the audio/video system during the entire
detention. An in-person visual inspection shall be done to ensure the welfare of the juvenile and

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shall be conducted at least once each half-hour, on an unscheduled basis, until the juvenile is
released. This inspection shall not be replaced by video monitoring. This inspection shall be
conducted by a designee of the SAC. More frequent visual inspections should be made as
circumstances dictate as in the case of an injured or ill juvenile being detained, or if specific
circumstances exist such as a disciplinary problem or suicide risk. In such instances the SAC
shall be fully informed about the special circumstances in order to evaluate continued detention
of such a juvenile.

324.4.7 MANDATED JUVENILE PROVISIONS


While a juvenile is being detained in the detention room, he/she shall be provided with the
following provisions:

a. Reasonable access to toilets and washing facilities.

b. Food, if the juvenile has not eaten within the past four hours, or is otherwise in need of
nourishment, including any special diet required for the health of the juvenile. All food
given to a juvenile in custody shall be provided from the jail food supply

c. Reasonable access to drinking water.

d. Privacy during family, guardian, and/or lawyer visits.

e. Blankets and clothing necessary to ensure the comfort of the juvenile (clothing shall be
provided by the jail if the juveniles clothing is taken as evidence or is otherwise
unsuitable or inadequate for the continued wear while in custody).

324.4.8 FORMAL BOOKING


No juvenile shall be formally booked (Welfare and Institutions Code 602 only) without the
authorization of the arresting agents supervisor, or in his or her absence, the SAC.

Any juvenile, 14 years of age or older, who is taken into custody for a felony, or any juvenile
whose acts amount to a sex crime, shall be booked, fingerprinted, and photographed. For all
other acts defined as crimes, juveniles may be booked, fingerprinted, or photographed upon the
approval from the SAC or Supervisor, giving due consideration to the following:

a. The gravity of the offense.

b. The past record of the offender.

c. The age of the offender.

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324.4.9 DISPOSITIONS
a. Any juvenile offender not transferred to a juvenile facility shall be released to one of the
following:

1. Parent or legal guardian.

2. An adult member of his/her immediate family.

3. An adult person specified by the parent/guardian.

4. An adult person willing to accept responsibility, when the juveniles parents are
unavailable as approved by the SAC.

b. If the six-hour time limit has expired, the juvenile should be transported to the juvenile
hall to accept custody.

c. After an agent has taken a juvenile into temporary custody for a violation of law, the
following dispositions are authorized:

1. The arresting agent may counsel or admonish the juvenile and recommend no
further action be taken.

2. If the arresting agent or the SAC believes that further action is needed, the juvenile
will be released to a responsible person as listed above, and such juvenile will be
advised that follow-up action will be taken by a detective. The detective assigned to
the case will then determine the best course of action, such as diversion or referral to
court. The detective will contact the parents and advise them of the course of action.

3. The arresting agent may complete an Application for Petition form on behalf of the
juvenile.

4. The juvenile may be transferred to Juvenile Hall with authorization of the appropriate
supervisor or the SAC when the violation falls within the provisions of Welfare and
Institutions Code 602.

d. If a juvenile is to be transported to Juvenile Hall, the following forms shall accompany the
juvenile:

1. Application for Petition.

2. Three copies of the applicable reports for each juvenile transported. In certain cases
Juvenile Hall may accept custody of the juvenile based on the petition and the
agreement that facsimile copies will be forwarded as soon as completed.

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3. Any personal property taken from the juvenile at the time of detention.

324.6 RELEASE OF INFORMATION CONCERNING JUVENILES


Court decisions and legislation have combined to carefully specify situations in which
information may be given out or exchanged when a case involves a juvenile. Agents of this
department shall not divulge any information regarding juveniles in situations where they are
uncertain of the legal authority to do so.

324.6.1 RELEASE OF INFORMATION BY SUPERIOR COURT ORDER


The inspection or release of juvenile records, including juvenile police records, is provided for in
Welfare and Institutions Code sections 827, 827.1 (computerized data base), 827.5 (minor
taken into custody for a serious felony), 827.6 (arrest warrant for violent offense), 827.9
(disclosure of juvenile police records), and 828 (descriptive information of an escapee), and
California Rules of Court, rule 5.552. For the most current version, visit the California Courts
Web site at http://www.courtinfo.ca.gov/rules/.

324.6.2 RELEASE OF INFORMATION TO OTHER AGENCIES


Welfare and Institutions Code 828 authorizes the release of certain information to other
agencies. It shall be the responsibility of the SAS to ensure that personnel act within legal
guidelines.

324.7 ADDITIONAL CONSIDERATIONS PERTAINING TO JUVENILES

324.7.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY


When emergency medical attention is required for a juvenile who is either in secure or non-
secure custody, the paramedics will be called. The SAC shall be notified of the need for medical
attention for the juvenile.

In cases where injury or illness is life threatening and where lost minutes may be the deciding
factor, the arresting agent or the discovering agent should administer first aid prior to the arrival
of the paramedics. The juvenile will then be transported to a medical facility. In the event of a
serious illness, suicide attempt, injury or death of a juvenile, the following persons shall be
notified as soon as possible:

a. The Juvenile Court.

b. The parent, guardian, or person standing in loco parentis, of the juvenile.

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324.7.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY
The arresting agent should be alert to potential symptoms based upon exhibited behavior that
may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to
communicate, verbally threatening to kill himself/herself, or any unusual behavior which may
indicate the juvenile may harm himself/herself while in custody in either secure or non-secure
detention.

The detaining or transporting agent is responsible to notify the SAC if he/she believes the
juvenile may be a suicide risk. The SAC will then arrange to contact a mental health team for
evaluation, or to contact Juvenile Hall and arrange for the transfer of the juvenile, providing the
juvenile meets the intake criteria. The juvenile shall be under constant personal supervision until
the transfer is completed.

324.7.4 DISCIPLINE OF JUVENILES


Law enforcement personnel are prohibited from administering discipline to any juvenile.

324.7.5 DEATH OF A JUVENILE WHILE DETAINED


The District Attorneys Office and the Sheriff-Coroners Office having jurisdiction will conduct the
investigation of the circumstances surrounding the death of any juvenile being detained at this
department. The Professional Standards Group will conduct an administrative review of the
incident.

In any case in which a juvenile dies while detained by the California Department of Justice, the
Director or designee shall submit a report to the Attorney General pursuant to Government
Code 12525.

324.7.7 PROTECTIVE CUSTODY


Pursuant to Welfare and Institutions Code 300 et seq., a child may be taken into protective
custody if he/she is the victim of suspected child abuse or neglect. Before taking any minor into
protective custody, the agent should make reasonable attempts to contact the appropriate child
welfare authorities to ascertain any applicable history or current information concerning the
minor.

Under certain circumstances, agents can be prohibited from taking a newborn who is the
subject of a proposed adoption into protective custody, even when the newborn has tested
positive for illegal drugs or the birth mother tested positive for illegal drugs. Agents shall instead
follow the provisions of Welfare and Institutions Code 305.6 to ensure that the newborn is
placed with the adoptive parents when it is appropriate.

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324.8 INTOXICATED AND SUBSTANCE ABUSING MINORS
Juveniles who are arrested while intoxicated may be at risk for serious medical consequences,
including death. Examples include acute alcohol poisoning, seizures and cardiac complications
of cocaine, markedly disordered behavior related to amphetamines or hallucinogenic drugs, and
others.

A medical clearance shall be obtained prior to detention of juveniles at the California


Department of Justice when the juvenile displays outward signs of intoxication or is known or
suspected to have ingested any substance that could result in a medical emergency (Title 15,
California Code of Regulations 1431). In addition to displaying outward signs of intoxication,
the following circumstances require a medical evaluation:

Known history of ingestion or sequestration of a balloon containing drugs in a body


cavity.

Minor is known or suspected to have ingested any substance that could result in a
medical emergency.

A juvenile who is intoxicated to the level of being unable to care for him or herself.

An intoxicated juvenile whose symptoms of intoxication are not showing signs of

improvement.

Juveniles with lower levels of alcohol in their system may not need to be evaluated. An example
is a juvenile who has ingested one or two beers would not normally meet this criterion.

a. A juvenile detained and brought to the California Department of Justice who displays
symptoms of intoxication as a result of alcohol or drugs shall be handled as follows:

1. Observation of juveniles breathing to determine that breathing is regular. Breathing


should not be erratic or indicate that the juvenile is having difficulty breathing.

2. Observation of the juvenile to ensure that there has not been any vomiting while
sleeping and ensuring that intoxicated juveniles remain on their sides rather than
their backs to prevent the aspiration of stomach contents.

3. An arousal attempt to ensure that the juvenile will respond to verbal or pressure
stimulation (shaking to awaken). This is the most important monitoring procedure.

b. Personal observation shall be conducted on a frequent as-is while the juvenile is in the
custody of the California Department of Justice, and no less than once every 15 minutes
until such time as the symptoms are no longer present. For juveniles held in secure
detention inside a locked enclosure, agents will ensure constant audio monitoring is

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maintained in addition to conducting the in person visual checks. All other forms of
detention require the agent to maintain constant visual supervision of the juvenile.

c. Any juvenile who displays symptoms suggestive of a deepening comatose state


(increasing difficulty or inability to arouse, irregular breathing patterns, or convulsions),
shall be considered an emergency. Paramedics should be called and the juvenile taken
to a medical treatment facility.

d. Juveniles undergoing acute withdrawal reactions shall immediately be transported to a


medical facility for examination by a physician.

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326 Elder Abuse

326.1 PURPOSE AND SCOPE


The purpose of this policy is to provide members of this department with direction and
understanding of their role in the prevention, detection, and intervention in incidents of elder and
dependent adult abuse. It is the policy of the California Department of Justice to treat reports of
suspected incidents of elder and dependent adult abuse as high priority potential criminal
activity. California statute requires that reports of elder and dependent adult abuse be made to
the appropriate agencies. Reports of known or suspected abuse that occurs in a long-term care
facility must be made to the local long-term care ombudsman or local law enforcement and, in
instances of possible criminal activity, the Departments Bureau of Medi-Cal Fraud and Elder
Abuse. Abuse that occurs anywhere other than a facility should be reported to the local county
adult protective services agency or to local law enforcement.

326.1.1 BMFEA
Because the mission of the BMFEA involves the investigation and prosecution of elder abuse,
BMFEA employees shall report all suspected cases of elder abuse within its jurisdiction to the
CID for proper case tracking. Specific questions about jurisdiction should be directed to regional
SASs and DAGs. Exemptions for investigating cases that fall outside of BMFEAs jurisdiction
must be obtained from BMFEA headquarters.

326.2 DEFINITIONS
For purposes of this policy, the following definitions are provided (Welfare and Institutions Code
15610 et seq. and Penal Code 368).

Dependent Adult - Is any person residing in this state, between the ages of 18 and 64-years,
who has physical or mental limitations that restrict his or her ability to carry out normal activities
or to protect his or her rights including, but not limited to, persons who have physical or
developmental disabilities or whose physical or mental abilities have diminished because of
age. Dependent Adult includes any person between the ages of 18 and 64-years who is
admitted as an inpatient to a 24-hour health facility, as defined In Health and Safety Code
1250, 1250.2, and 1250.3.

Elder - Is any person residing in this state, 65 years of age or older.

Financial Abuse - Occurs when a person or entity does any of the following: Takes, secretes,
appropriates, obtains, or retains real or personal property of an elder or dependent adult for a
wrongful use or with intent to defraud, or both; assists in taking, secreting, appropriating,
obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful
use or with intent to defraud, or both; or takes, secretes, appropriates, obtains, or retains, or

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assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an
elder or dependent adult by undue influence as defined in Civil Code 1575.

Abuse of an Elder or a Dependent Adult - Means either of the following: Physical abuse,
neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting
physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or
services that are necessary to avoid physical harm or mental suffering.

Adult Protective Services Agency - Is a county welfare department, except persons who do
not work directly with elders or dependent adults as part of their official duties, including
members of support staff and maintenance staff.

Neglect - Means either of the following: The negligent failure of any person having the care or
custody of an elder or dependent adult to exercise that degree of care that a reasonable person
in a like position would exercise, or the negligent failure of an elder or dependent adult to
exercise that degree of self-care that a reasonable person in a like position would exercise.
Neglect includes, but is not limited to, all of the following:

a. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

b. Failure to provide medical care for physical and mental health needs. No person shall be
deemed neglected or abused for the sole reason that he or she voluntarily relies on
treatment by spiritual means through prayer alone instead of medical treatment.

c. Failure to protect from health and safety hazards.

d. Failure to prevent malnutrition or dehydration.

e. Failure of an elder or dependent adult to satisfy the needs specified above, inclusive, for
himself or herself as a result of poor cognitive functioning, mental limitation, substance
abuse, or chronic poor health.

326.3 MANDATORY REPORTING REQUIREMENTS


Any person who has assumed full or intermittent responsibility for the care or custody of an
elder or dependent adult, whether or not he or she receives compensation, including
administrators, supervisors, and any licensed staff of a public or private facility that provides
care or services for elder or dependent adults, or any elder or dependent adult care custodian,
health practitioner, clergy member, or employee of a county adult protective services agency or
a local law enforcement agency, is a mandated reporter.

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328 Discriminatory Harassment

328.1 PURPOSE AND SCOPE


This policy is intended to prevent department members from being subjected to discrimination
or sexual harassment. Nothing in this policy creates a legal or employment right or duty that is
not created by law.

328.2 POLICY
The California Department of Justice is committed to creating and maintaining a work
environment that is free of all forms of discrimination and intimidation, including sexual
harassment. The Department will take preventative, corrective and disciplinary action for any
behavior that violates this policy or the rights and privileges it is designed to protect.

The Department has a zero tolerance harassment, discrimination, and retaliation policy. Refer
to Administrative Bulletins 04-09 and 15-02.

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330 Child Abuse Reporting

330.1 PURPOSE AND SCOPE


The purpose of this policy is to provide guidelines and procedures for reports of suspected child
abuse and the taking of minors into protective custody.

330.2 DEFINITIONS
For purposes of this section the following definitions are provided:

Child - A person under the age of 18 years.

Child abuse - Includes the following (Penal Code 11165.6):

Physical injury or death inflicted by other than accidental means upon a child by another
person.

Sexual abuse as defined in Penal Code 11165.1.

Neglect as defined in Penal Code 11165.2.

The willful harming or injuring of a child or the endangering of the person or health of a
child, as defined in Penal Code 11165.3.

Unlawful corporal punishment or injury as defined in Penal Code 11165.4.

Child abuse does not include a mutual affray between minors. Child abuse does not include an
injury caused by reasonable and necessary force used by a peace officer acting within the
course and scope of his/her employment as a peace officer.

330.3 CHILD ABUSE REPORTING


All employees of this department are responsible for the proper reporting of child abuse. Any
employee who encounters any child whom he or she reasonably suspects has been the victim
of child abuse shall immediately take appropriate action and shall notify the local law
enforcement agency having jurisdiction by telephone immediately or as soon as is practicably
possible and shall prepare and send, FAX or e-mail a written follow-up report within 36 hours
(Penal Code 11166). If the Department receives a report of child abuse or neglect from a third
party of another agency, it shall immediately refer the case by telephone, FAX, or e-mail to the
local law enforcement agency having jurisdiction (Penal Code 11165.9).

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330.3.3 CONTACTING SUSPECTED CHILD ABUSE VICTIMS
An agent should not involuntarily detain a juvenile suspected of being a victim of abuse solely
for the purpose of an interview or physical exam without the consent of a parent or guardian
unless any of the following apply:

a. Exigent circumstances exist. For example:

1. A reasonable belief that medical issues need to be addressed immediately.

2. It is reasonably believed that the child is or will be in danger of harm if the interview
or physical exam is not immediately completed.

b. A court order or warrant has been issued.

In all circumstances in which a suspected child abuse victim is contacted, it will be incumbent
upon the investigating agent to articulate in the related reports the overall basis for the contact
and what, if any, exigent circumstances exist.

Any juvenile student at school who is a suspected victim of child abuse shall be afforded the
option of being interviewed in private or selecting any qualified available adult member of the
school staff to be present. The purpose of the staff member's presence is to provide comfort
and support. The staff member shall not participate in the interview. The selection of a staff
member should be such that it does not burden the school with costs or hardship (Penal Code
11174.3).

330.3.4 RELEASE OF REPORTS


Reports of suspected child abuse shall be confidential and may only be disclosed pursuant to
Penal Code 11167.5 and Policy Manual 810.

330.5 PHYSICAL EXAMINATIONS


If the child has been the victim of sexual abuse requiring a medical examination, the agent
should arrange for transportation of the victim to the appropriate hospital. The agent will need to
fill out the Medical Report Suspected Child Sexual Abuse form (OCJP form 925) prior to the
doctor doing the examination.

330.6 TEMPORARY CUSTODY OF SUSPECTED CHILD ABUSE VICTIMS


AND SUSPECTED VICTIMS OF CHILD ABDUCTION
Under specified circumstances described below, a minor may be taken into protective custody if
he/she is the victim of suspected child abuse (Welfare and Institutions Code 300 et seq.).
Before taking any minor into protective custody the agent should make reasonable attempts to

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contact the appropriate child welfare authorities to ascertain any applicable history or current
information concerning the minor.

An agent should consider taking a minor into protective custody under any of the following
circumstances (Welfare and Institutions Code 305 and Penal Code 279.6):

a. The agent reasonably believes the minor is a person described in Welfare and

Institutions 300, and further has good cause to believe that any of the following

conditions exist:

1. The minor has an immediate need for medical care.

2. The minor is in immediate danger of physical or sexual abuse.

3. The physical environment or the fact that the child is left unattended poses an
immediate threat to the child's health or safety. In the case of a minor left unattended
the agent shall first attempt to locate and determine if a responsible parent or
guardian is available and capable of assuming custody before taking the minor into
protective custody.

b. It reasonably appears to the agent that a person is likely to conceal the child, flee the
jurisdiction with the child or, by flight or concealment, evade the authority of the court.

c. There is no lawful custodian available to take custody of the child.

d. There are conflicting custody orders or conflicting claims to custody and the parties
cannot agree which party should take custody of the child.

e. The child is an abducted child.

f. The child is in the company of, or under the control of, a person arrested for Penal Code
278 or 278.5.

Prior to taking a child into protective custody, the agent should take reasonable steps to deliver
the child to another qualified parent or legal guardian unless it reasonably appears that the
release would endanger the minor or result in abduction. If this is not a reasonable option, the
agent shall ensure the minor is delivered to the appropriate child welfare authority.

Whenever practicable, the agent should inform a supervisor of the circumstances prior to taking
a child into protective custody. If prior notification is not practicable, the agent should contact a
supervisor promptly after taking a child into protective custody.

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332 Missing Person Reporting

332.1 PURPOSE AND SCOPE


This policy describes the procedure for reporting missing person information. Penal Code
14200 through 14213 and 14250 and 14251, as well as 42 USC 5779(a), specify certain
requirements relating to missing persons.

332.1.1 DEFINITIONS
For the purpose of this policy, the following definitions are provided:

At risk - Includes, but is not limited to (Penal Code 14213) the following:

A victim of a crime or foul play.

A person missing and in need of medical attention.

A missing person with no pattern of running away or disappearing.

A missing person who may be the victim of parental abduction.

A mentally impaired missing person.

Missing Person - Any person who is reported missing to law enforcement when the person's
location is unknown. This includes a child who has been taken, detained, concealed, enticed
away or kept by a parent in violation of the law (Penal Code 277 et seq.). It also includes any
child who is missing voluntarily, involuntarily or under circumstances that do not conform to
his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code
14213).

Missing person networks - Those databases or computer networks available to law


enforcement and that are suitable for information related to missing persons investigations.
These include the National Crime Information Center (NCIC), the California Law Enforcement
Telecommunications System (CLETS), Missing Person System (MPS) and the Unidentified
Persons System (UPS).

332.4 ACCEPTANCE OF REPORTS


All personnel shall accept any report, including any telephone report, of a missing person,
including runaways, without delay and shall immediately notify the appropriate local law
enforcement agency.

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332.10 TRANSMITTING REPORTS TO OTHER AGENCIES
When the California Department of Justice takes a missing person report, the employee shall
promptly notify and forward a copy of the report to the agencies having jurisdiction over the
missing persons residence and where the missing person was last seen. If the missing person
is under 16 or there is evidence that the person may be at-risk, the reports must also be
forwarded within no more than 24 hours to the jurisdiction of the agency where the missing
person was last seen (Penal Code 14205(c)).

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334 AMBER Alerts

334.1 PURPOSE AND SCOPE


The purpose of this policy is to provide guidelines for alerting the public to important information.
This policy addresses AMBER Alerts, Blue Alerts and other methods of public notification.

334.2 POLICY
Public alerts may be employed using the Emergency Alert System (EAS), local radio, television
and press organizations and other groups to notify the public of incidents, or enlist the aid of the
public, when the exchange of information may enhance the safety of the community. Various
types of alerts may be available based upon each situation and the alert system's individual
criteria.

334.4 ALERT RESPONSIBILITY


The Department does not issue AMBER or Blue Alerts. If an employee receives information
that meets the criteria for either of these alerts, he/she shall immediately notify the appropriate
federal or local law enforcement agency.

334.6 MUTUAL AID


The Department may provide assistance in accordance with the California Law Enforcement
Mutual Aid Plan and the California Emergency Plan. Refer to the plans for a description of the
scope of assistance the Department may provide and the method by which such assistance is
requested.

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336 Victim and Witness Assistance

336.1 PURPOSE AND SCOPE


The purpose of this policy is to ensure that crime victims and witnesses receive appropriate
assistance, that they are provided with information from government and private resources, and
that the agency meets all related legal mandates.

336.2 POLICY
The Division of Law Enforcement is committed to providing guidance and assistance to the
victims and witnesses of crime. The employees of the Division of Law Enforcement will show
compassion and understanding for victims and witnesses and will make reasonable efforts to
provide the support and information identified in this policy.

336.4 CRIME VICTIMS


Agents should provide all victims with the applicable victim information handouts.

Agents should never guarantee a victim's safety from future harm but may make practical safety
suggestions to victims who express fear of future harm or retaliation. Agents should never
guarantee that a person qualifies as a victim for the purpose of compensation or restitution but
may direct him/her to the proper written material or victim resources available from the
department or a local law enforcement agency.

336.5 VICTIM INFORMATION


The regional office supervisor shall ensure that victim information handouts are available and
current. These should include as appropriate:

a. Shelters and other community resources for victims of domestic violence.

b. Community resources for victims of sexual assault.

c. Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic
medical exams (42 USC 3796gg).

d. An advisement that a person who was arrested may be released on bond or some other form
of release and that the victim should not rely upon an arrest as a guarantee of safety.

e. A clear explanation of relevant court orders and how they can be obtained.

f. Information regarding available compensation for qualifying victims of crime.

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g. VINE information (Victim Information and Notification Everyday), including the telephone
number and whether this free service is available to allow victims to check on an offender's
custody status and to register for automatic notification when a person is released from jail.

h. Notice regarding U-Visa and T-Visa application processes.

i. Resources available for victims of identity theft.

j. A place for the investigator's name, badge number and any applicable case or incident
number.

k. Any additional information required by state law (Penal Code 13701; Penal Code 679.02;
Penal Code 679.05; Penal Code 679.026).

336.6 WITNESSES
Agents should never guarantee a witness' safety from future harm or that his/her identity will
always remain confidential. Agents may make practical safety suggestions to witnesses who
express fear of future harm or retaliation.

Agents should investigate allegations of witness intimidation and take enforcement action when
lawful and reasonable.

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338 Hate Crimes

338.1 PURPOSE AND SCOPE


This department recognizes and places a high priority on the rights of all individuals guaranteed
under the Constitution and the laws of this state. When such rights are infringed upon by
violence, threats or other harassment, this department will utilize all available resources to see
that justice is served under the law. This policy has been developed to meet or exceed the
provisions of Penal Code 13519.6(c) and provides members of this department with
guidelines for identifying and investigating incidents and crimes that may be motivated by hatred
or other bias.

338.2 DEFINITIONS
Hate Crimes - Penal Code 422.55(a) defines a hate crime as either a violation of Penal
Code 422.6 or a criminal act committed in whole or in part, because of one or more of the
following actual or perceived characteristics of the victim:

a. Disability

b. Sex

c. Nationality

d. Race or ethnicity

e. Religion

f. Sexual orientation

g. Association with a person or group with one or more of these actual or perceived

characteristics

h. Examples of hate crimes include, but are not limited to:

1. Interfering with, oppressing or threatening any other person in the free exercise or
enjoyment of any right or privilege secured by the constitution or laws because of one or
more of the actual or perceived characteristics of the victim (Penal Code 422.6).

2. Defacing a person's property because of one or more of the actual or perceived


characteristics of the victim (Penal Code 422.6(b)).

3. Terrorizing a person with a swastika or burning cross (Penal Code 11411).

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4. Vandalizing a place of worship (Penal Code 594.3).

The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act expands federal
hate crimes to include crimes motivated by a victim's actual or perceived sex, sexual orientation,
gender identity or disability (18 USC 245).

338.6 PROCEDURE FOR INVESTIGATING HATE CRIMES


Whenever any member of this department receives a report of a suspected hate crime or other
activity that reasonably appears to involve a potential hate crime, they shall, without delay, notify
the appropriate jurisdiction and make the appropriate referral. If DOJ's assistance is requested,
the following should occur:

a. A supervisor should be notified of the circumstances as soon as practical.

b. Once "in progress" aspects of any such situation have been stabilized (e.g., treatment of
victims, apprehension of present suspects, etc.), the assigned agent(s) will take all
reasonable steps to preserve available evidence that may tend to establish that a hate
crime was involved.

c. The assigned agent(s) will interview available witnesses, victims and others to determine
what circumstances, if any, indicate that the situation may involve a hate crime. No
victim of or a witness to a hate crime who is not otherwise charged with or convicted of a
crime under state law may be detained for or turned over to federal authorities
exclusively for any actual or suspected immigration violation (Penal Code 422.93(b)).

d. Depending on the situation, the assigned agent(s) or supervisor may request additional
assistance from other resources to further the investigation.

e. The assigned agent(s) will include all available evidence indicating the likelihood of a
hate crime in the relevant report(s). All related reports will be clearly marked as "Hate
Crimes." The reports will be submitted to the supervisor who, after review, will forward
the reports via the chain of command to the Bureau Chief.

f. The assigned agent(s) will provide the victim(s) of any suspected hate crime with a
brochure on hate crimes (Penal Code 422.92). Such brochures will also be available to
members of the general public upon request. The assigned agent(s) should also make
reasonable efforts to assist the victim(s) by providing available information on local
assistance programs and organizations.

The assigned agent(s) and supervisor should take reasonable steps to ensure that any such
situation does not escalate further (e.g., Possible Temporary Restraining Order through the
District Attorney or Attorney General) (Penal Code 136.2 or Civil Code 52.1 as indicated).

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338.6.1 BUREAU OF INVESTIGATION RESPONSIBILITY
If a case is assigned to the Bureau of Investigation, the assigned agent will be responsible for
following up on the reported hate crime as follows:

a. Coordinate further investigation with the District Attorney and other appropriate law
enforcement agencies, as appropriate.

b. Maintain contact with the victim(s) and other involved individuals as needed.

c. Maintain statistical data on suspected hate crimes to report to the Attorney General upon
request pursuant to Penal Code 13023.

338.7 TRAINING
All agents of this department will receive POST-approved training on hate crime recognition and
investigation as provided by Penal Code 13519.6.

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342 Department Computer Use

342.1 PURPOSE AND SCOPE


This policy describes the use of department computers, software and systems. The purpose of
this policy is to provide guidelines for Division-specific computer use. This policy is intended as
a supplement to the Departments information technology policy, which is found in DOJAM
Chapter 15.

342.8 UNDERCOVER COMPUTER USE


The purpose of this section is to provide requirements specific to online investigations of
suspected criminal computer activity.

a. All employees conducting online criminal investigations shall have a user name and
password.

b. All undercover contacts shall be performed on in-house computers. No remote access


shall be allowed without the SACs approval.

c. DLE employees shall work closely with local prosecutors when investigating Internet
crimes.

d. Online criminal investigations may be initiated at the discretion of the regional office
SAC.

e. As online criminal investigations may require the use of computer hardware/software


that will not reveal the identity of the DOJ, and information received as a result of these
investigations may be inappropriate for transmission over the DOJ network, regional
offices may establish undercover computer facilities (bulletin board systems, Internet
service providers, and Web sites) for use in the course of these types of investigations.
Establishment of these facilities shall be at the discretion of the SAC, subject to the
Bureau Chiefs approval.

f. Regional offices shall establish a procedure to secure and track the use of undercover
computers. These computers shall be placed in a secure area separated from
employees who are not actively involved in such criminal investigations.

g. Whenever it is determined that an out-of-state investigation to identify and locate


suspects, computers, or data is justified, the appropriate law enforcement agency having
jurisdiction shall be notified.

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342.9 Not subject to disclosure due to agent safety concerns

Department of Justice Law Enforcement Policy & Procedures Manual Page | 129

344 Report Preparation

344.1 PURPOSE AND SCOPE


Report preparation is a major part of each agents job. The purpose of reports is to document
sufficient information to refresh the agents memory and to provide sufficient information for
follow-up investigation and successful prosecution. Report writing is the subject of substantial
formalized training and on-the-job training.

It is the policy of this department that enforcement activities conducted by its agents and task
force members, regardless of the type of activity or the outcome of that activity, be documented
in an investigation report.

344.1.1 REPORT PREPARATION


It is the primary responsibility of the assigned agent to ensure that reports are fully prepared
within the specified time frame or that supervisory approval has been obtained to delay the
report. The preparing agent must determine whether the report will be available in time for
appropriate action to be taken, such as investigative leads or a suspect is in custody.

All personnel with adequate word processing skills are encouraged to complete their own
electronic investigation reports. However, agents may dictate their reports, or portions thereof, if
transcription resources are available to them. Dictated reports typed by support staff shall
include the typists name and the date typed. Agents who dictate reports by any means shall
use appropriate grammar, as content is not the responsibility of the typist.

All reports shall accurately reflect the identity of the persons involved, all pertinent information
seen, heard, or assimilated by any other sense, and any actions taken. Employees shall not
repress, conceal or distort the facts of any reported incident, nor shall any employee make a
false report orally or in writing. Generally, the reporting employees opinions should not be
included in reports unless specifically identified as such.

344.2 REQUIRED REPORTING


An investigation number will be assigned to all investigations conducted by a bureau in which
there has been significant participation by bureau personnel. Initiation of an investigation and
assignment of an investigation number requires prior approval of either the SAS or SAC, as
determined by the regional office SAC.

When obtaining an investigation number, all required information will be entered into CIMS.
CIMS will automatically generate the investigation number and track the investigation based on
the information entered. CIMS will be updated by the case agent as the investigation
progresses.

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Written reports are required in all of the following situations unless otherwise approved by a
supervisor:

All investigative activity.

Service of search/arrest warrants.

Interviews of suspects, witnesses, victims.

Assistance to other law enforcement agencies.

All arrests.

When surveillance is conducted.

In every case where force is used by a DLE employee.

When assets are seized.

All reports will be written in the CIMS word processing function. Task force personnel will be
required to utilize the CIMS program for report writing and case tracking when all equipment is
installed at their locations. Personnel classifications authorized to write reports are as follows:
Special Agent series, Polygraph Examiners, Investigative Auditors, Field Representatives,
Retired Annuitants, Associate Governmental Program Analysts, Staff Services Analysts, and
Criminal Intelligence Specialists. These authorized personnel are responsible for writing
complete and accurate investigation reports.

Report writers should coordinate with other involved employees to ensure the investigation
report is accurate and complete. All relevant information, including exculpatory information, shall
be included in investigation reports. This information shall be written in a chronological format.
Each report shall be numbered sequentially, continuing from the last report number.

All actual or attempted contacts of persons, and the individual(s) making or attempting to make
said contacts, shall be documented in a report. This includes, but is not limited to, sworn/non-
sworn DLE personnel, allied agency personnel, persons interviewed, surveillance subjects,
consensual, parole and probation searches. All locations where these events occurred shall be
included in the investigation reports with appropriate addresses or physical descriptions
included.

A Public Disclosure form within the CIMS program shall be completed for each individual
contacted during community notifications performed pursuant to Penal Code 290.45. When
multiple field contacts are made during an operation and no violations are found, all subjects
may be included on one investigation report. However, if a subject is found to be in violation of

Department of Justice Law Enforcement Policy & Procedures Manual Page | 131
the law, that fact shall be documented in a separate investigation report. All activities which
could result in liability to the DOJ shall be thoroughly documented. Each time a SAC/SAS or
his/her designee approves an extension of reporting time, such approval shall be documented
on the CIMS Supervisor's Control Card.

Investigation reports are confidential and the property of the Department. Reports may not be
distributed, or the contents revealed, to any individual or agency except as required for official
use. In no instance shall reports be distributed without prior approval of the SAC or his/her
designee. Agencies or individuals not authorized to receive a copy of the DLE report may
request access by stating their need in writing to the SAC, who, with written approval from the
DLE Bureau Chief or Assistant Chief, or BMFEA Director or designee, may permit limited
access to review or authorize release of a controlled copy. Each report released to an entity
outside of the DLE shall include the DLE authorized release stamp on the first page.

All BMFEA reports shall be written in the BMFEA Microsoft Word Report Writing Macro. Once a
report has been approved by the supervisor, it shall be entered into the ProLaw Case Tracking
System. The following authorized BMFEA personnel classifications are responsible for writing
complete and accurate investigation reports:

a. Special Agent series


b. Investigative Auditor
c. Field Representative
d. Retired Annuitant
e. Associate Governmental Program Analyst
f. Staff Services Analyst
g. Criminal Intelligence Specialist
h. Associate Information Systems Analyst
i. Computer Forensic Examiner
j. Computer Forensic Specialist
k. Certified Forensic Computer Examiner

344.2.1 REPORT FORMAT - DLE


The following format shall be used on all reports, with variations for specific reports as noted:

a. Investigation Title - The title of the investigation shall be the focus of the investigation
which may be the name of an individual, organization or business entity. When there are
multiple subjects, the title shall be the name of the primary subject or the first identified
subject, followed by the notation "et. al." The entire title shall be capitalized.

b. Investigation Number - The investigation number(s) are assigned through CIMS.

c. Investigation Requested By - The name, rank and agency of the individual initiating a
request for DLE services.

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d. Type of Report - The type of report being submitted, i.e., Opening Report, Progress
Report, Surveillance Report, Arrest Report, etc. (see 344.2.2).

e. Case Assigned Personnel - Enter the name of the individual to whom the investigation
is assigned.

f. Person Reporting - The name of the individual who prepared the report.

g. Report Number - The sequential number of the report being submitted.

h. Type of Crime/Incident - Offense(s) or incident(s) being reported.

i. Case Assigned Supervisor - The name of the supervisor of assigned personnel.

j. Date of Report - The date(s) of the activity(ies) being reported.

k. Case Cross-Reference(s) - Case number(s) from other internal/external investigation


report(s).

l. Summary - A concise statement summarizing the events being reported in a specific


reporting period. The purpose of the summary is to briefly explain what is contained in
the details to follow. The summary shall not exceed the face page of the Investigation
Report. The summary should include the date of activity, dollar amount spent, type and
quantity of drug(s) purchased, summary of seizures including all assets seized for asset
forfeiture, evidence, recovered investigative funds, name(s) of suspect(s), location of
activity, and agencies involved. If the Details section of the investigation report is one
page or less in length, there is no need for a summary.

m. Details of the Investigation - This is the main body of the Investigation Report. It
serves two functions: first, it provides a record of events and facts to be used for
prosecution; second, it creates a record of a bureau's investigative activities. The details
shall answer the basic questions of who, what, when, where, why, and how, and identify
the corpus of the offense being reported. The information shall be as accurate and
complete as possible. Report paragraphs shall not be numbered. Report writers shall
adhere to the following standards:

1. The last names of all subjects mentioned in the report shall be capitalized.

2. Reports shall be prepared in the first person style of writing. When the reporting
personnel is first referred to, the author shall include his/her title, full name, and
agency. Thereafter, the author shall refer to him/herself as "I" or "me" throughout the
remainder of the Investigation Report. When the author first refers to any law
enforcement personnel, the reporting personnel shall include that person's title, full

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name when possible, and agency (i.e. Special Agent Ann Smith, Sacramento BGC;
Detective David Johnson, San Pablo PD, etc.). When the individual is mentioned
again, the title abbreviation and last name only may be used (i.e. SA Smith, Det.
Johnson, etc.). The abbreviation SA should be used when referring to Special
Agents rather than the word "Agent."

3. The details shall be a chronological narrative of the events being reported.

4. Physical descriptions should be left out of the body of the report unless they are
necessary to explain the facts of the offense. Descriptions shall be included in the
"Physical Description" section.

5. Each item of evidence shall be referred to by evidence item number in the


Evidence section of the report. This does not preclude the item(s) from being
further described in the body of the report.

6. Vehicle descriptions and registration information should be left out of the body of the
report unless they are necessary to explain the facts of the investigation.
Descriptions shall be included in the "Vehicles" section of the report.

7. The location description should be left out of the body of the report, unless it is
necessary to explain the investigation. Identifying information for the location shall be
included in the "Location" section of the report.

8. The informant identification number may be listed at the discretion of the supervisor
when the informant is first mentioned in each report. Thereafter, the reporting
personnel shall refer to the informant as "CI." In those instances when the activities
of more than one informant are being documented in the report, the reporting
personnel shall write the report in a manner which clearly distinguishes the activities
of each informant.

9. Use of abbreviations and/or acronyms shall be kept to a minimum; when necessary,


common abbreviations/acronyms may be used. Prior to using an abbreviation and/or
acronym, the word(s) shall be spelled in full the first time it is used. EXAMPLE: Los
Angeles Police Department (LAPD).

10. When State funds are used to purchase evidence or as a flash roll, the
denominations, serial numbers, series, and plate numbers shall be recorded before
going into the field. The numbers from the funds actually expended shall be included
in the Investigation Report covering the transaction. When funds are photocopied, a
reference to the attached photocopy is sufficient. Photocopies of funds expended
shall be placed in the case file.

11. Times used in the report shall be based on the 24-hour clock (military time).

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12. When reporting the seizure of evidence or assets or providing a list of evidence, the
details shall include the following: date seized, where found, by whom found, by
whom seized, by whom photographed, by whom booked, where stored and, when
appropriate, the final disposition of the evidence/asset(s). The probable cause for
seizing the asset(s) shall also be included. The Investigation Report shall clearly
differentiate between items seized pursuant to asset forfeiture and items seized as
evidence. If the evidence or assets are cash, jewelry, collectable coins, etc., the
details shall also include who was present when the evidence or assets were found
and who participated in the counting, inventorying, transporting and booking of the
evidence or asset(s).

13. When a bureau conducts an investigation jointly with another agency and it has been
determined that the other agency's reports will be the primary investigation reports, a
Bureau investigation number shall be assigned, and copies of the other agency's
reports shall be attached to the Bureau Investigation Report. In all such
investigations, the Bureau report shall contain a summary of the investigation, which
shall include complete details of the role of the bureau in the investigation and the
identification of all bureau personnel involved. If the outside agency's report contains
all required details, the "Details of Investigation" section of the Investigation Report
shall have the notation: "See attached (agency name and report number), dated
(date of report)." It is the responsibility of the SAS/SA to ensure that those reports
provide necessary details of the investigation. If they do not, a complete Bureau
Investigation Report shall be prepared.

14. When DLE personnel are required to enter a premises for the purpose of serving an
arrest or search warrant, the Investigation Report shall include complete details of
the "knock and notice" that was performed prior to entering the building. One person
shall be assigned to document the facts relating to the entry. This includes, but is not
limited to the name of the agent who performed the "knock and notice," the exact
words that were spoken by the agent, the amount of time that elapsed before the
door was opened (by the occupant(s) or by force), and, if applicable, any exigent
circumstances that created the need to immediately force open the door. Quote the
notice/demand made by the agent; do not paraphrase or translate any notices or
demands that were made. The Investigation Report shall also include a detailed
description of any force used to effect entry, and photographs of any damage that
was caused by a forced entry.

15. When DLE personnel enter a premises for any enforcement reason including serving
an arrest or search warrant, parole or probation search, consensual search, or a
knock and talk, the names and identifying information of all enforcement personnel
and all persons present at the scene shall be documented in the Investigation
Report.

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n. Physical Description - The following information shall be included in this section of the
investigation report:

1. Subjects: This section shall list the physical descriptions of all subjects mentioned in
the report. Subjects shall be listed in alphabetical order with the following information
in the following format:

LAST NAME (Capitalized), first name, middle name, AKA(s)

Address

Race

Gender

Date of birth (DOB)

Place of birth (POB)

Height, weight, hair color, eye color

Driver license number

Social Security number

Criminal history record number (CII)

CDC number

FBI number

Any other means of identification such as scars, marks, and tattoos

If the individual has been identified in a previous report, list the name as above,
followed by the notation, "See (report number) dated____________." EXAMPLE:
See Report #2 dated 5-10-97. If no subjects are referenced in the report, the
word "None" shall be entered into this section

2. Others: The physical descriptions of witnesses, victims, and associates shall include
the following information:

LAST NAME, first name, middle name

Address

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DOB

Telephone number

Driver license number

3. Each person listed in this section shall be identified as a witness, victim or associate.
Additional subjects, witnesses, victims or associates developed during the
investigation shall be similarly identified when their name first appears in the body of
the report. In all subsequent reports where the name of a subject, witness, victim or
associate is mentioned again, the original report number which contains the full
identification of the individual mentioned shall be cited.

o. Vehicles - This section shall list all vehicles the subject owns and/or drives. The list shall
contain the following information, as is appropriate: Vehicle license, aircraft tail number,
hull number, year, make, model, color, registered owner, legal owner, storage location,
and any other pertinent information.

p. Locations - This section shall include all addresses mentioned in the report and shall
contain the following information: Physical address, type of location, associated
addresses, and any other pertinent information.

q. Telephones - This section shall include all telephone numbers referred to in the report,
and shall contain the following information, as is appropriate: Country code, area code,
telephone number, extension, subscriber, type of phone (cell, business, home,
message), first linked address, and the names of any persons linked to the number.

r. Evidence - Refer to Policy Manual 804 for complete details regarding the proper
handling of evidence. All evidence seized in a DLE investigation, regardless of whether it
was seized by members of the DLE or another agency, shall be reported and fully
described in this section. Rather than retyping the other agency's evidence list, it is
permissible to attach a copy of another agency's evidence list to the end of a bureau
report. In these instances, the bureau report shall include a statement such as "...for
additional evidence items, refer to (name of agency) evidence list attached to this
report." Evidence includes drugs, weapons, money, cassette recordings, photographs,
video tapes, digital recordings of any type, paperwork, or any items that could later be
used in the investigation/prosecution of the suspect(s).

1. The evidence list shall include the following:

Date seized

Item number

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Evidence item number

Description of the evidence

Where found or purchased

Found or purchased by whom (if this information is included in the details of the
Investigation Report, the information need not be repeated in the evidence list)

Where the evidence was retained or booked

If the evidence is cash, jewelry, collectable coins, etc., the evidence list shall also
include who was present when the evidence was found, who witnessed the
finding of the evidence, who photographed the evidence, and who participated in
or witnessed the counting or inventorying of the evidence

2. If the information is included in the details of the Investigation Report, the information
need not be repeated in the evidence list. If the report is completed prior to analysis
of a seized controlled substance, approximate weights can be listed.

3. Seized firearms shall be listed by caliber, make, model, barrel length (if applicable),
and serial number. List any unusual marks or identifying characteristics. All firearms
shall be checked through the Automated Firearms System (AFS), and the registered
owner, if determined, shall be listed. Results of the AFS checks shall be documented
in the Investigation Report. Firearms reported as stolen shall be listed and shall
include the reporting agency's name and case number, date of the theft, AFS File
Control Number, name of the person contacted at the reporting agency, and name of
the personnel making that contact.

4. Evidence seized indicating ownership shall be listed as "indicia of residency" or


"indicia of ownership." The term "miscellaneous papers" shall not be used. If no
evidence is referenced in the report, enter the word "None" in this section. All monies
expended for the purchase of evidence shall either be listed by denomination, serial
number, series date, and plate number, or photocopied to be attached to the
appropriate Investigation Report.

5. All Property Receipts shall be retained in the corresponding investigative file. A copy
may be incorporated as an attachment to the Investigation Report.

s. Signature of Reporting Personnel/Supervisor and Date - The reporting personnel's


name and title shall be typed under the signature line, and he/she shall sign and date the
report when he/she is satisfied with its accuracy and completeness. The SAS's name
and title shall be typed under the signature line. The submitting personnel's SAS shall

Department of Justice Law Enforcement Policy & Procedures Manual Page | 138
review the report prior to submission to the SAC and sign and date the report to indicate
his/her approval of the report. When the SAC reviews a report, the SAC (or his/her
designee) shall initial and date below the SAS's signature, indicating his/her approval.
The initials of the reporting personnel and the typist, if applicable, shall be indicated
below the signature lines. The dates the report was dictated and typed shall be noted
directly below the author/typist initials. This only applies to dictated reports.

t. Report Dissemination - All officials the reporting individual knows will be receiving a
copy of a DLE report at the time the report is being written shall be noted as receiving a
copy of the report, i.e., "Report Dissemination" on the last page of the Investigation
Report. This shall be noted under the author's and his/her supervisor's signature blocks.
Any persons not authorized to receive copies of official DLE Investigation Reports, may
make a request to receive a copy of a specific report(s) in writing to the SAC who will
forward the request to the appropriate Bureau Chief or his/her designee for approval. If
any reports are subsequently released, the DLE "Authorized Copy" stamp shall be
affixed to the first page of the copied Investigation Report, as outlined in Policy Manual
344.2.

344.2.2 REPORT FORMAT - BMFEA


a. Case Name The Case Name shall denote the focus of the investigation which may be
the name of an individual, organization or business entity. When there are multiple
subjects, the title shall be the name of the primary subject or the first identified subject,
followed by the notation "et. al." The entire title shall be capitalized.

b. Matter ID - The Matter ID or BMFEA Docket Number shall be assigned to an


investigation by the BMFEA Case Intake Division (CID) through the ProLaw Case
Tracking System.

c. Investigation Requested By The source of the complaint that resulted in the initiation
of the case shall be identified at the beginning of the report (i.e. Department of Health
Care Services, Burbank PD, anonymous complaint, Hot Line complaint, citizen
complaint, etc.).

d. Date of Report This is the date the Report of Investigation (ROI) is prepared. This
date is automatically generated by the BMFEA report macro at the conclusion of the
report.

e. Details of Investigation This is the main body of the ROI. It serves two functions: first,
it provides a record of events and facts to be used for prosecution; second, it creates a
record of a bureau's investigative activities. The details shall answer the basic questions
of who, what, when, where, why, and how, and identify the corpus of the offense being
reported. The information shall be as accurate and complete as possible. Report
paragraphs shall not be numbered. Report writers shall adhere to the following
standards:

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(NOTE: The term Investigation Report as it appears in this section shall be
interpreted to mean Report of Investigation (ROI).)

1. The last names of all subjects mentioned in the report shall be capitalized.

2. Reports shall be prepared in the first person style of writing. When the reporting
personnel is first referred to, the author shall include his/her title, first initial, last
name, and agency. Thereafter, the author shall refer to him/herself as "I" or "me"
throughout the remainder of the ROI. When the author first refers to any law
enforcement personnel, the reporting personnel shall include that person's title,
first initial, last name and agency (i.e. Special Agent A. Smith, Los Angeles
BMFEA; Detective D. Johnson, San Pablo PD, etc.). When the individual is
mentioned again, the title abbreviation and last name only may be used (i.e. SA
Smith, Det. Johnson, etc.). The abbreviation SA should be used when referring
to Special Agents rather than the word "Agent.

3. The details shall be a chronological narrative of the events being reported.

4. Physical descriptions should be left out of the body of the report unless they are
necessary to explain the facts of the offense. Descriptions shall be included in
the Physical Description section.

5. Relevant vehicle descriptions and registration information shall be included in the


narrative body of the ROI.

6. Relevant location descriptions, ownership, or title information shall be included in


the narrative body of the report.

7. The informant identification number may be listed at the discretion of the


supervisor when the informant is first mentioned in each report. Thereafter, the
reporting personnel shall refer to the informant as "CI." In those instances when
the activities of more than one informant are being documented in the report, the
reporting personnel shall write the report in a manner which clearly distinguishes
the activities of each informant.

8. Use of abbreviations and/or acronyms shall be kept to a minimum; when


necessary, common abbreviations/acronyms may be used. Prior to using an
abbreviation and/or acronym, the word(s) shall be spelled in full the first time it is
used. EXAMPLE: Kings County Narcotic Task Force (KCNTF).

9. When state funds are used to purchase evidence the denominations, serial
numbers, series, and plate numbers shall be recorded before going into the field.
The numbers from the funds actually expended shall be included in the
Investigation Report covering the transaction. When funds are photocopied, a
reference to the attached photocopy is sufficient. Photocopies of funds expended
shall be placed in the case file.

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10. Times used in the report shall be based on the 24-hour clock (military time).

11. When reporting the seizure of evidence or assets or providing a list of evidence,
the details shall include the following: date seized, where found, by whom found,
by whom seized, by whom photographed, by whom booked, where stored and,
when appropriate, the final disposition of the evidence/asset(s). The probable
cause for seizing the asset(s) shall also be included. The Investigation Report
shall clearly differentiate between items seized pursuant to asset forfeiture and
items seized as evidence. If the evidence or assets are cash, jewelry, collectable
coins, etc., the details shall also include who was present when the evidence or
assets were found and who participated in the counting, inventorying,
transporting and booking of the evidence or asset(s).

12. When BMFEA conducts an investigation jointly with another agency and it has
been determined that the other agency's reports will be the primary investigation
reports, a Bureau investigation number shall be assigned, and copies of the other
agency's reports shall be attached to the Bureau Investigation Report. In all such
investigations, the Bureau report shall contain a summary of the investigation,
which shall include complete details of the role of the bureau in the investigation
and the identification of all bureau personnel involved. If the outside agency's
report contains all required details, the "Details of Investigation" section of the
Investigation Report shall have the notation: "See attached (agency name and
report number), dated (date of report)." It is the responsibility of the SAS/SA to
ensure that those reports provide necessary details of the investigation. If they do
not, a complete Bureau Investigation Report shall be prepared.

13. When BMFEA personnel are required to enter a premises for the purpose of
serving an arrest or search warrant, the Investigation Report shall include
complete details of the "knock and notice" that was performed prior to entering
the building. One person shall be assigned to document the facts relating to the
entry. This includes, but is not limited to the name of the agent who performed
the "knock and notice," the exact words that were spoken by the agent, the
amount of time that elapsed before the door was opened (by the occupant(s) or
by force), and, if applicable, any exigent circumstances that created the need to
immediately force open the door. Quote the notice/demand made by the agent;
do not paraphrase or translate any notices or demands that were made. The
Investigation Report shall also include a detailed description of any force used to
effect entry, and photographs of any damage that was caused by a forced entry.

14. When BMFEA personnel enters a premises for any enforcement reason including
serving an arrest or search warrant, parole or probation search, consensual
search, or a knock and talk, the names and agencies of all enforcement
personnel and all persons present at the scene shall be documented in the
Report of Investigation.

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f. Physical Description Subjects: Primary identifying information of the subject of the
ROI shall be included at the top of the report in the Contact Information section. This
information shall include the full name, known aliases, DOB, address, SSN, telephone,
and OLN. The subject shall be further identified in the body of the report as Subject,
Victim, Witness, or Associate. These individuals shall be appropriately identified when
their name first appears in the body of the report.

g. Vehicles - If, based upon the judgment of the author, a Vehicle Report would significantly
enhance the organization and composition of the information in the case reports (i.e.
surveillance data; asset forfeiture data), a Vehicle Report would be acceptable. All
vehicles listed shall contain the following information, as appropriate: Vehicle license,
aircraft tail number, hull number, year, make, model, color, registered owner, legal owner,
storage location, and any other pertinent information.

h. Evidence - Refer to Policy Manual 804 for complete details regarding the proper
handling of evidence. All evidence seized in a BMFEA investigation, regardless of
whether it was seized by members of BMFEA or another agency, shall be reported and
fully described in this section. Rather than retyping the other agency's evidence list, it is
permissible to attach a copy of another agency's evidence list to the end of the report. In
these instances, the Bureau report shall include a statement such as "...for additional
evidence items, refer to (name of agency) evidence list attached to this report." Evidence
includes drugs, weapons, money, cassette recordings, photographs, video tapes, digital
recordings of any type, paperwork, or any items that could later be used in the
investigation/prosecution of the suspect(s).

1. The evidence list shall include the following:

Date seized
Item number
Evidence item number
Description of the evidence
Where found or purchased
By whom found or purchased (If this information is included in the details
of the Investigation Report, the information need not be repeated in the
evidence list)
Where the evidence was retained or booked
If the evidence is cash, jewelry, collectable coins, etc., the evidence list
shall also include who was present when the evidence was found, who
witnessed the finding of the evidence, who photographed the evidence,
and who participated in or witnessed the counting or inventorying of the
evidence.

2. Seized firearms shall be listed by caliber, make, model, barrel length (if
applicable), and serial number. List any unusual marks or identifying
characteristics. All firearms shall be checked through the Automated Firearms

Department of Justice Law Enforcement Policy & Procedures Manual Page | 142
System (AFS), and the registered owner, if determined, shall be listed. Results of
the AFS checks shall be documented in the Investigation Report. Firearms
reported as stolen shall be listed and shall include the reporting agency's name
and case number, date of the theft, AFS File Control Number, name of the
person contacted at the reporting agency, and name of the personnel making
that contact.

3. The term "miscellaneous papers" shall not be used. All monies expended for the
purchase of evidence shall either be listed by denomination, serial number,
series date, and plate number, or photocopied to be attached to the appropriate
Investigation Report.

4. All Property Receipts shall be retained in a three ring binder identified by the
calendar year and secured in each BMFEA regional office documentary evidence
room. As soon as is practical, the property receipts shall be scanned into the
ProLaw Case Tracking System. A copy of the property receipts may be
incorporated as an attachment to the Report of Investigation.

344.3 INVESTIGATION REPORT TYPES/REQUIREMENTS

344.3.1 DLE REPORTS


The type of report used is predicated by the circumstances being reported and the progress of
the investigation. Below are submission requirements of the various report types. Except as
noted, the first paragraph(s) should summarize the investigative activities completed during the
relevant reporting period.

a. Opening Report - When sworn/non-sworn personnel are in receipt of information that


may be suitable for investigation by his/her bureau, he/she shall present the information
to his/her SAC/SAS for evaluation. If the SAC/SAS determines that the information
meets Division guidelines and is suitable for investigation, he/she should assign
appropriate personnel and authorize the issuance of an investigation number. An
Opening Report shall be submitted no later than seven (7) working days after an
investigation has been opened. Once a request for investigative services has been
made, the following details shall be included in the opening report:

Name of requester

Date of request

Criminal/non-criminal case

County code

New or reopened case

Department of Justice Law Enforcement Policy & Procedures Manual Page | 143
Nature of the request: evaluation, assistance or investigation

Additional indexing

Disposition

Purge date

b. Opening/Arrest Report - When some, but not all, of the suspect(s) are arrested before
an Opening Report can be submitted, the agent shall submit an Opening/Arrest Report
detailing the initiation of the investigation, the investigation conducted, and the facts
surrounding the arrest(s). The Opening/Arrest Report does not close the investigation.
There can be multiple suspects in an investigation, and they may not be arrested at the
same time. An investigation can have multiple arrest reports before it is closed. This
report type shall not be used to avoid the necessity of submitting Opening Reports. The
Opening/Arrest Report shall be submitted to the prosecuting authority within forty-eight
(48) hours of an arrest. Since most jurisdictions require all reports related to in-custody
arrest(s) be submitted to the District Attorney's Office within 48 hours of the arrest(s),
Opening/Arrest reports shall be generated within this time frame. The only exception is
at the discretion of the prosecuting authority handling the case. Any such exception shall
be noted in CIMS, along with the name of the prosecutor and date of approval.

c. Opening/Closing/Arrest Report - When an investigation is closed by the arrest(s) of


the suspect(s) before an Opening Report has been submitted, the closing of the
investigation shall be reported in an Opening/Closing/Arrest Report. The report shall
contain details concerning the initiation of the investigation, the investigation conducted,
any arrests made, and the closing of the investigation. The last sentence in the
Opening/Closing/Arrest Report shall state: "This report closes the investigation." This
report type shall not be used to avoid the necessity of submitting Opening Reports. The
Opening/Closing/Arrest Report shall be submitted to the prosecuting authority within 48
hours of an arrest.

d. Opening/Closing Report - When, prior to the submission of an Opening Report,


sufficient information has been gathered on an investigation and it is determined by the
SAC/SAS that no further action can be taken or is necessary but the information is
deemed to be of significant value, an investigation number shall be assigned. If this
occurs, the assigned personnel shall submit an Opening/Closing Report detailing the
information gathered during the investigation. When an arrest involves minimal
participation by DLE personnel, and the SAS determines that an Opening/Arrest Report
is not appropriate, an Opening/Closing Report may be prepared summarizing the
investigation prior to the DLE's involvement. The report shall detail the Division's
participation and the circumstances of the arrest. An example of minimal participation
includes instances where DLE personnel assist another agency with the service of
search and/or arrest warrants. The Opening/Closing Report shall be submitted within
seven (7) working days of the determination that the investigation will be closed, unless

Department of Justice Law Enforcement Policy & Procedures Manual Page | 144
an extension is approved by the SAC/SAS or his/her designee. The last sentence in the
Opening/Closing Report shall state: "This report closes the investigation."

e. Progress Report - Once an investigation is opened and an Opening or Opening/Arrest


Report has been submitted, all investigative steps taken thereafter shall be documented.
Progress Reports shall be submitted as events occur during the course of an
investigation, as frequently as necessary, with no more than sixty (60) days between
reports. The SAC/SAS or his/her designee may extend the reporting period by thirty (30)
days, not to exceed a total of ninety (90) reporting days. Each Progress Report shall
include details of all investigative activity conducted or information learned since the
submission of the last report. A Progress Report shall be submitted within seven working
days of the expenditure of state funds in connection with an investigation. If the
investigation is inactive longer than 60 days, the SAC/SAS shall make a determination
as to whether the investigation should be concluded and a Closing Report prepared. If
the investigation is not closed, the last sentence of the report shall state: "This
investigation is ongoing."

f. Surveillance Report - When surveillance is conducted, a Surveillance Report shall be


completed. This report shall reflect all activities and observations conducted during
surveillance. Surveillance activity may be included in the Progress Report when a
separate Surveillance Report is not deemed necessary, a determination that will be
made by the reporting personnel and his/her supervisor. Surveillance Reports shall be
submitted within seven working days of the surveillance activity, unless an extension is
approved by the SAC/SAS or his/her designee. If the investigation is not closed, the last
sentence of the report shall state: "This investigation is ongoing."

g. Arrest Report - When subjects of an investigation are arrested as a result of a bureau's


efforts and the investigation has previously been opened, an Arrest Report shall be
submitted. This report shall detail all activities since the last report, including the details
of any arrest. The summary paragraph of the Arrest Report shall summarize the events
leading to the arrest, with emphasis on the involvement of the arrested suspect(s) and
the offenses with which they are being charged. An arrest report shall not be used to
close an investigation. When a bureau assists another agency with an arrest, an Arrest
Report shall be completed or a copy of the other agency's Arrest Report shall be
attached to the DLE Arrest Report. The Arrest Report shall be submitted to the
prosecuting authority within 48 hours of an arrest unless a Filing Report is submitted, in
which case the Arrest Report shall be submitted within seven working days. An
extension may be approved by the prosecuting authority, the SAC/SAS or his/her
designee. If the investigation is not closed, the last sentence of the report shall state:
"This investigation is ongoing."

h. Closing/Arrest Report - When an arrest closes a previously opened investigation, a


Closing/Arrest Report shall be submitted. This report shall detail the activities that have
occurred since the last investigation report was submitted. The summary paragraph shall

Department of Justice Law Enforcement Policy & Procedures Manual Page | 145
summarize the events leading to the arrest, with special emphasis on the subject(s) of
the Arrest Report and related evidence. All Arrest Reports shall be submitted within 48
hours unless a Filing Report was submitted, in which case, the Closing/Arrest Report
shall be submitted within seven (7) working days. The last sentence in the summary of a
Closing/Arrest Report shall state, "This report closes the investigation."

i. Financial Investigation Report - If, during the course of an investigation or following an


arrest, it is determined that assets are subject to seizure/forfeiture, a financial
investigation shall be initiated and a Financial Investigation Report shall be submitted in
accordance with guidelines set forth in Policy 606 of this manual and the Financial
Investigation Procedures Manual. Financial Investigation Reports shall be submitted
within seven (7) working days of the receipt of the information being reported, unless an
extension is approved by the SAC/SAS or his/her designee. If the investigation is not
closed, the last sentence of the report shall state: "This investigation is ongoing."

j. Closing Report - During an investigation, it may be determined that the investigation


can proceed no further. In such a situation, a Closing Report shall be submitted detailing
the activities that have occurred since the last Investigation Report, and the reasons why
the investigation is being concluded. A Closing Report shall include paragraph(s) within
the Details portion of the report that briefly summarize the investigation. The SAC/SAS
shall be consulted prior to the closing of an investigation and shall make the final
determination. The Closing Report shall be submitted within seven working days of the
determination that the investigation will be closed, unless an extension is approved by
the SAC/SAS or his/her designee. The last sentence of the Closing Report shall state:
"This report closes the investigation." Any additional information submitted after
completing a Closing Report shall be reported on a Supplemental Report.

k. Supplemental Report - When additional information has been obtained which has been
deemed pertinent to a previously closed investigation, a Supplemental Report shall be
submitted, unless a request has been initiated to reopen a closed investigation. In these
situations, Progress Reports detailing the investigation shall be submitted, thereby
eliminating the need for a Supplemental Report. The SAC/SAS may require periodic
Supplemental Reports detailing the progress of the prosecution of the suspects through
the court system and the final disposition of the case(s). Supplemental Reports shall be
submitted within seven working days of the receipt of the additional information or the
conclusion of any necessary follow-up investigation, unless an extension is approved by
the SAC/SAS or his/her designee.

l. Re-Opening Report - When an employee is in receipt of information that may cause a


closed investigation to be re-opened by his/her bureau, he/she shall present the
information to his/her SAC/SAS for evaluation. If the SAC/SAS determines that the
information meets Division guidelines and justifies re-opening the investigation, he/she
should assign appropriate personnel and authorize the re-opening of the investigation. A
Re-Opening Report shall be submitted no later than seven working days after an

Department of Justice Law Enforcement Policy & Procedures Manual Page | 146
investigation has been re-opened. If the investigation is not closed, the last sentence of
the report shall state, This investigation is ongoing.

m. Filing Report - When an investigation results in the arrest of a suspect and the
prosecuting authority requires a report for filing of criminal charges within the statutory
48 hours or less, a Filing Report summarizing the investigation and arrest may be
completed. This procedure requires the concurrence of the prosecuting authority. The
Filing Report shall not replace the necessity of an Arrest Report, which shall be
completed within seven (7) working days, unless an extension is approved and
documented by the SAC/SAS or his/her designee.

n. Interview Report - When interviews are conducted, an Interview Report may be used.
When interviews are brief, they may be included in the Details portion of the appropriate
investigation report rather than a separate Interview Report. The interviewer shall
document whether the interview was recorded and make note of where the recording is
stored, in compliance with Policy 804 of this manual. The Details section of the Interview
Report shall identify the interviewer, the subject interviewed, the date, time and location
of the interview, the subject's relationship to the case, subject identifying information,
and relevant information stated during the interview. At the request of a Supervising
Deputy Attorney General (SDAG), members of the BI Special Investigative Team (SIT)
may attach a certified transcript to an Interview Report or refer to the recordings of the
individuals interviewed in lieu of writing a detailed report of the interview(s). In the event
that several interviews will be reported as part of an investigation, the report writer may
write an Interview Report, sequentially numbered, for each of the interviews conducted
and include a brief statement of the interview in the appropriate Progress Report. The
brief statement shall include the interviewer; the subject interviewed; the date, time and
location of the interview; the subject's relationship to the case; subject's identifying
information; and a statement of the interview content and its relevance to the case. The
Interview Report shall be referenced by report number in the Progress Report. The
Interview Report shall be submitted within seven working days of the interview. With
prior approval from the SAC/SAS, an Interview Report may be released to a client within
the DOJ. If the investigation is not closed, the last sentence of the Interview Report shall
state: "This investigation is ongoing."

o. Background Investigation Report - When a request for a background investigation on


an employment candidate is made, the Background Investigation Unit shall assign a unit
employee or notify the appropriate SAC to assign an agent or other qualified bureau
personnel to conduct the investigation. The investigating personnel shall report his/her
findings in a Background Investigation Report via his/her supervisor. Background
Investigation Report numbers and report due dates shall be assigned by the Background
Investigation Unit.

p. Evaluation Report - An Evaluation Report shall only be prepared at the direction of a


Bureau Chief or Assistant Chief to report the results of preliminary inquires. An

Department of Justice Law Enforcement Policy & Procedures Manual Page | 147
Evaluation Report shall be assigned an investigation number, and the report(s) shall be
numbered consecutively. Evaluation Reports shall contain a paragraph depicting the
SAC's recommendation as to whether or not to open an investigation followed by the
SAC's signature block. The SAC's signature block shall be manually created in the
reports. If an evaluation results in the opening of an investigation, the Opening Report
shall be designated as Report #1. An evaluation is not an investigation of the facts
alleged by the requester, but rather a means to determine the following:

Whether the request includes complete information and facts upon which the
decision to conduct an investigation can be made;

If an investigation is necessary; and

If the DLE is the proper agency to conduct such an investigation.

General report procedures are found in the CIMS Manual.

Requests for civil investigations will be documented in CIMS. It is the responsibility of the SAC
to ensure that all data requested in the CIMS format is complete and accurate. If multiple named
subjects exist, the primary subject shall be identified as the investigation title, and additional
subjects shall be identified on individual subject cards within CIMS. In reports requiring a
summary, the summary shall be a concise statement summarizing the events being reported in
a specific reporting period.

344.3.2 BMFEA REPORTS


The type of report used is predicated by the circumstances being reported and the progress of
the investigation. Below are submission requirements of the various report types. Except as
noted, the first paragraph(s) should summarize the investigative activities completed during the
relevant reporting period.

a. Opening Report:

1. Self Generated Investigation When sworn/non-sworn personnel are in


receipt of information that may be suitable for investigation by BMFEA,
he/she shall present the information to his/her SAC/SAS/IAS for evaluation. If
the SAC/SAS/IAS determines that the information meets Division guidelines
and is suitable for investigation, he/she should assign appropriate personnel
and authorize the preparation of a BMFEA Case Complaint form and the
issuance of a Matter ID number by CID. An Opening Report shall be
submitted no later than seven (7) working days after an investigation has
been opened.

2. Case Referral - When sworn/non-sworn personnel have been assigned a


complaint that has been referred by another agency for investigation by

Department of Justice Law Enforcement Policy & Procedures Manual Page | 148
BMFEA, he/she shall prepare an Opening Report no later than seven (7)
working days after the investigation has been activated in the ProLaw Case
Tracking System.

b. Progress Report: A Case Progress Notation shall be entered into ProLaw under the
Notes heading if insufficient case activity has taken place within the last 90 days to
justify the preparation of an ROI.

c. Surveillance Report: When surveillance is conducted, a Surveillance Report shall be


completed. This report shall reflect all activities and observations conducted during
surveillance. Surveillance Reports shall be submitted within seven working days of the
surveillance activity, unless an extension is approved by the SAC/SAS or his/her
designee. If the investigation is not closed, the last sentence of the report shall state:
"This investigation is ongoing."

d. Arrest Report: When subjects of an investigation are arrested as a result of the Bureau's
efforts and the investigation has previously been opened, an Arrest Report shall be
submitted. This report shall detail all activities involving the arrest(s). The summary
paragraph of the Arrest Report shall summarize the events leading to the arrest, with
emphasis on the involvement of the arrested suspect(s) and the offenses with which
they are being charged. An arrest report shall not be used to close an investigation.
When a bureau assists another agency with an arrest, an Arrest Report shall be
completed or a copy of the other agency's Arrest Report shall be attached to the BMFEA
Arrest Report. The Arrest Report shall be submitted within 48 hours of an arrest unless a
Filing Report is submitted, in which case the Arrest Report shall be submitted within
seven (7) working days. An extension may be approved by the prosecuting authority,
the SAC/SAS or his/her designee. If the investigation is not closed, the last sentence of
the report shall state: "This investigation is ongoing."

e. Financial Investigation Report: If, during the course of an investigation or following an


arrest, it is determined that assets are subject to seizure/forfeiture, a financial
investigation shall be initiated and a Financial Investigation Report shall be submitted in
accordance with guidelines set forth in Policy 606 of this manual and the Financial
Investigation Procedures Manual. Financial Investigation Reports shall be submitted
within seven (7) working days of the receipt of the information being reported, unless an
extension is approved by the SAC/SAS or his/her designee. If the investigation is not
closed, the last sentence of the report shall state: "This investigation is ongoing."

f. Closing Memo: During an investigation, it may be determined that the investigation can
proceed no further. In such a situation, a Closing memo shall be submitted summarizing
the activities that have occurred since the matter was opened and the reasons why the
investigation is being concluded. The SAS/IAS/SAC/DAG shall be consulted prior to the
closing of an investigation and shall make the final determination. The Closing Memo
shall be submitted within seven (7) working days of the determination that the
investigation will be closed, unless an extension is approved by the SAC/SAS/IAS or
his/her designee. The last sentence of the Closing Report shall state: "This memo closes

Department of Justice Law Enforcement Policy & Procedures Manual Page | 149
the investigation." Any additional information submitted after completing a Closing
Memo shall be reported on a Supplemental Report.

g. Supplemental Report: When additional information has been obtained which has been
deemed pertinent to a previously closed investigation, a Supplemental Report shall be
submitted, unless a request has been initiated to reopen a closed investigation. In these
situations, Progress Reports detailing the investigation shall be submitted, thereby
eliminating the need for a Supplemental Report. The SAC/SAS/IAS may require periodic
Supplemental Reports detailing the progress of the prosecution of the suspects through
the court system and the final disposition of the case(s). Supplemental Reports shall be
submitted within seven working days of the receipt of the additional information or the
conclusion of any necessary follow-up investigation, unless an extension is approved by
the SAC/SAS/IAS or his/her designee.

h. Filing Report: When an investigation results in the arrest of a suspect and the
prosecuting authority requires a report for filing of criminal charges within the statutory
48 hours or less, a Filing Report summarizing the investigation and arrest may be
completed. This procedure requires the concurrence of the prosecuting authority. The
Filing Report shall not replace the necessity of an Arrest Report, which shall be
completed within seven (7) working days, unless an extension is approved and
documented by the SAC/SAS/IAS or his/her designee.

i. Interview Report: When interviews are conducted, an Interview Report shall be used.
The interviewer shall document whether the interview was recorded and make note of
where the recording is stored, in compliance with Policy 804 of this manual. The report
shall identify the interviewer, the subject interviewed, the date, time and location of the
interview, the subject's relationship to the case, subject identifying information, and
relevant information stated during the interview. At the request of a DAG, a certified
transcript may be attached to an Interview Report or refer to the recordings of the
individuals interviewed in lieu of writing a detailed report of the interview(s). In the event
that several interviews will be reported as part of an investigation, the report writer shall
write an Interview Report, sequentially numbered, for each of the interviews conducted
and include a brief statement of the interview in the appropriate.

j. Background Investigation Report: When a request for a background investigation on an


employment candidate is made, the Background Investigation Unit shall assign a unit
employee or notify the appropriate SAC to assign an agent or other qualified bureau
personnel to conduct the investigation. The investigating personnel shall report his/her
findings in a Background Investigation Report via his/her supervisor. Background
Investigation Report numbers and report due dates shall be assigned by the Background
Investigation Unit.

k. Evaluation Report: An Evaluation Report shall only be prepared at the direction of a


Bureau Chief or Assistant Chief to report the results of preliminary inquiries. An
Evaluation Report shall be assigned an investigation number, and the report(s) shall be
numbered consecutively. Evaluation Reports shall contain a paragraph depicting the

Department of Justice Law Enforcement Policy & Procedures Manual Page | 150
SAC's recommendation as to whether or not to open an investigation followed by the
SAC's signature block. The SAC's signature block shall be manually created in the
reports. If an evaluation results in the opening of an investigation, the Opening Report
shall be designated as ROI #1. An evaluation is not an investigation of the facts alleged
by the requester, but rather a means to determine the following:

o Whether the request includes complete information and facts, upon which the
decision to conduct an investigation can be made;
o If an investigation is necessary; and
o If BMFEA is the proper agency to conduct the investigation.

344.4 DRUG VIOLATORS


Drug violators will be classified as A, B, C or D, L, or N by entering the appropriate information
into CIMS on each subject of an investigation. The classification is based on the role level of the
subject, i.e., wholesaler, distributor, retailer, etc., and the drug quantity of the subject, i.e., level
1, 2, 3 or 4. Drug quantity is determined by the amount of drugs the subject is capable of
producing or obtaining. The classifications are defined as follows:

Class A = 26-32 Points Class B = 18-25 Points

Class C = 10-17 Points Class D = 2-9 Points

Class L = Licentiate Class N Non-Licentiate

Class O = Other Class V = Violence Suppression

If a subject is not involved in drugs, such as a counterfeiter or an individual who assaults a


police officer, enter an "O" for other.

For example, if the subject is a wholesaler (19 points) who regularly distributes over 1,000
grams of heroin (level 1) (10 points), then the total points for this subject is 29. Utilizing the
Classification Point Range, 29 points would be a Class A violator. If a subject is a retailer (7
points) who regularly deals under 227 grams of methamphetamine (Level 4) (1 point), then
his/her total points would be 8. Using the Classification Point Range, this subject would be a
Class D violator. If the subject is not involved in drugs, such as a counterfeiter or an individual
who assaults a police officer, enter an "O" for other.

Arrestees or subjects in diversion investigations will not be classified according to the above
system. Rather, subjects of diversion investigations will be classified as "L" (licentiate) or "N"
(non-licentiate).

Violator Classification Guidesheet

Department of Justice Law Enforcement Policy & Procedures Manual Page | 151
Role Points Role Points
Financier 22 Distributor 13
Money Launderer 20 Skilled Laborer 10
Lab Operator 19 Retailer 7
Wholesaler 19 Unskilled Laborer 4
Cultivator 16 User 1
DRUG AND MONEY QUANTITY LEVELS
Type Level 1 Level 2 Level 3 Level 4
10 Points 7 Points 4 Points 1 Points
00 Heroin 908+ grams 228-907 grams 114-227 grams 113 grams or less
01 Money $250,000+ $125,001-$249,999 $50,001-$125,000 $50,000 or less
30 Cocaine 5,000+ grams 2,001-4,999 grams 1,001-2,000 grams 1,000 grams or <
45 Methamphetamine 5,000+ grams 2,001-4,999 grams 1,001-2,000 grams 1,000 grams or <
40 L PCP liquid 1 quart 17-31 fl. ounces 9-16 fl. ounces 8 fl. ounces or <
40 P PCP powder 455+ grams 228-454 grams 114-227 grams 113 grams or <
40 T PCP treated subs. 2,271+ grams 909-2,270 grams 445-908 grams 454 grams or <
20 LSD treated subs. 10,001+ du 5,001-10,000 du 1,001-5,000 du 1,000 du or <
25 Methaqualone 10,001+ du 5,001-10,000 du 1,001-5,000 du 1,000 du or <
55 Barbiturates 50,001+ du 25,001-50,000 du 10,001-25,000 du 10,000 du or <
44 Amphetamines 50,001+ du 25,001-50,000 du 10,001-25,000 du 10,000 du or <
10 P Marijuana (Plants) 751+ 501-750 251-500 250 or <
10 B Marijuana (Bulk) 455+ kgs 228-454 kgs 114-227 kgs 113 kgs or <
11 Hashish 4,541+ grams 2,271-4,540 grams 909-2,270 grams 908 grams or <
12 Hashish Oil 1 gallon+ 2+ qts. - 1 gallon 9 fl. oz. - 2 qts. 8 fl. oz. or <
13 Psilocybin 18+ kgs 8-17 kgs 3-7 kgs 2 kgs or <
P - Precursors (The level will be determined by
Pharmaceutical Drugs (For coding purposes
the quantity of drug the seized precursor can
only, i.e., drug quantity level does not apply.)
make.)
46 Phenyl-2-propanone 32 Morphine
P02 Methylamine 33 Dilaudid
P03 Ethylamine 34 Methadone
P04 D-lysergic acid 36 Percodan
P05 Ergotamine tartrate 37 Demerol
P06 Diethyl malonate 39 Other Schedule II Narcotics
P07 Malonic acid 49 Schedule II Non-Narcotics

Department of Justice Law Enforcement Policy & Procedures Manual Page | 152
P08 Ethyl malonate 57 Other Sch. III Non-Narcotics
P09 Barbituric acid 59 Other Sch. III Narcotics
P10 Piperidine 60 Schedule IV Narcotics
P11 N-acetylathranilic acid 65 Schedule IV Non-Narcotics
P12 Pyrolidine 70 Schedule V Narcotics
P13 Phenylacetic acid 75 Schedule V Non-Narcotics
P14 Anthranilic acid 80 Non-Scheduled Drugs
P15 Morpoline
P16 Ephedrine
P17 Pseudoephedrine
CLASSIFICATION POINT RANGE
CLASS A CLASS B CLASS C CLASS D
26-32 pts. 18-25 pts. 10-17 pts. 2-9 pts.

344.5 INJURY OR DAMAGE BY STATE PERSONNEL


Reports shall be taken if an injury occurs that is a result of an act of a State employee.
Additionally, reports shall be taken involving damage to State property or State equipment.

344.6 DISPOSITION FILE


Each regional office will conduct semi-annual inquiries on all cases pending disposition. The
SAS will procure a list from CIMS of all cases needing disposition for each agent under his/her
command. Agents will then be tasked with conducting the proper checks on their cases and
reporting their findings (date checked and status of case) and the initials of the agent conducting
the check on the CIMS printout to the SAS. The SAS will retain the printouts to provide a history
of the inquiries made on each pending case. Once a final disposition on the case has been
entered into CIMS, the supervisor may destroy the inquiry histories for that case.

Any arrests entered into CIMS will, unless otherwise selected by the case agent, automatically
default to a disposition of "Needs." CIMS case pick lists, Case Statistics, Case Inquiry Reports,
and Supervisor Control Cards will identify cases with dispositions set to "Needs."

A copy of the completed Case Inquiry Report from CIMS showing the case disposition will be
printed. The original will be placed in the investigation file and a copy given to the Evidence
Custodian. The completed Case Inquiry Report acts as a case disposition report which alerts
the Evidence Custodian to evidence that may either be maintained or destroyed.

It is the responsibility of the SAC to ensure that semi-annual inquiries are being conducted as
required.

Department of Justice Law Enforcement Policy & Procedures Manual Page | 153
Each regional task force office will maintain a file of pending case dispositions. It is suggested
that the disposition file be arranged in chronological order to easily identify the oldest cases.
The TFC will ensure that inquiries are made semi-annually on all cases pending disposition.
Each pending disposition form will contain the date, initials of the person making the inquiry, and
status of the case so as to document a history of the inquiries. A copy of the completed
disposition form will be given to the regional task force Evidence Custodian to assist in
determining evidence destruction. The original of the completed disposition form will be placed
in the investigative file.

344.7 GENERAL POLICY OF EXPEDITIOUS REPORTING


In general, all agents and supervisors shall act with promptness and efficiency in the
preparation and processing of all reports. An incomplete report, unorganized reports or reports
delayed without supervisory approval are not acceptable. Reports shall be processed according
to established priorities or according to special priority necessary under exceptional
circumstances.

344.7.1 QUALITY OF REPORTS


The body of the investigation report is the narrative report. Based on the contents of the report,
prosecutors decide whether or not to prosecute and for what offenses. Each report is a
reflection of both bureau work product and of the sworn/non-sworn personnel's field work and is
the document by which his/her ability is judged. No matter how well the investigation was
conducted, it has little value if the report is confusing, unclear, or subjective.

344.7.2 FIELD NOTES


Carefully recorded notes help reporting personnel recall facts accurately and describe them
fully. At each step of an investigation, reporting personnel shall make appropriate notes in
sufficient detail and clarity that the notes provide the basis for a detailed Investigation Report. If
a tape recorder is used during an investigation, handwritten notes shall also be taken rather
than relying strictly on the tape recording.

a. Notes taken in the field should record the following:

1. Activity taking place or being observed

2. Time of the activity

3. Who saw the activity

4. Who performed the activity

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5. Location of the activity

6. Description of suspects and/or vehicles

7. Weather/lighting conditions

8. Witness statements

b. Pursuant to Thompson v. Superior Court (1997. 53 Cal App 4th 680), raw written or
recorded witness interview notes reflecting the witness' statements, but not the
impressions or opinions of the interviewer, are considered statements that are subject to
discovery. Therefore, care should be taken to preserve these types of notes from
witness interviews, even if the information from the notes is subsequently included in a
report. California law does not require law enforcement agencies to retain field notes for
purposes of discovery as long as they are accurately reflected in a formal report.
However, if the notes are not transferred to a report, if they are retained after the filing of
a criminal complaint, or if they are written after the filing of a criminal complaint, the
notes are subject to discovery and shall be retained in the investigation file. Original
notes need not be retained if:

1. They were made for the purpose of transferring the data to a report.

2. The report writer acted in good faith in destroying the notes.

3. The report writer acted in accordance with normal report writing procedures.

4. If the case is being filed federally, federal law requires reporting personnel to retain
all notes pertaining to the case. In any of these circumstances, field notes shall be
retained in the regional office investigation file.

344.8 REPORT REVIEW


When a case number is generated in CIMS, a Supervisor Control Card is also generated and is
retained for the life of the case in the CIMS database. When a report is completed and ready for
supervisory review, the reporting personnel shall mark the report notification "Ready for
Approval" and submit it to his/her SAS. The SAS receives a CIMS notification that a report is
ready for review. Once reviewed and approved by the SAS, the approval date will be reflected in
the Supervisor Control Card. The review process for investigation reports ensures the
consistency, timeliness, and quality of the reports. It is the responsibility of all individuals
involved in the review process to ensure that the reports produced are complete, concise,
accurate, and professional.

Levels of responsibility for the review of investigation reports are as follows:

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a. Report Writer - The report writer is responsible for reviewing the report for format,
accuracy and timeliness; compliance with the law, Division policy and standards; and
inclusion of all of the elements of the offense. The report writer is ultimately responsible
for the content and appearance of the report.

b. Supervisor - Supervisory personnel are responsible for reviewing the report(s) for all of
the above and for final approval of all electronic and hard copies. Supervisors will be
notified, on-line, via CIMS, when reports are ready for approval. Supervisor approval of a
Closing Report in CIMS automatically changes the case status from opened to
closed. Supervisors shall review Supervisor Control Cards for open cases on a bi-
weekly basis.

c. Administrative - The SAC shall periodically review Investigation Reports to ensure


quality, timeliness and consistency throughout the regional office in report writing, the
standard of investigations, and the review process. Administrative review is not a
requirement to approve all reports; however, SACs are responsible for the quality and
consistency of reports of all persons under their supervision. Under no circumstances
shall the SAC give proxy rights to clerical/support staff for approving reports in CIMS.
SACs may give proxy rights for approving reports to sworn staff who are in an acting
SAC capacity. The SAC shall review the Supervisor Control Card for open cases on a
quarterly basis.

The SAC shall review all Investigation Reports which involve the seizure of assets; injury to law
enforcement personnel, suspects, or innocent parties; the discharge of firearms; or other
significant incidents. The SAC shall initial and date the report below the signature of the SAS to
document his/her review and approval of the report.

344.8.1 REPORT REVIEW - BMFEA


When a report is completed and ready for supervisory review, the reporting personnel shall
submit it to his/her SAS/IAS. Once reviewed and approved by the SAS/IAS, the approval date
will be reflected in the ROI and entered into ProLaw. The review process for investigation
reports ensures the consistency, timeliness, and quality of the reports. It is the responsibility of
all individuals involved in the review process to ensure that the reports produced are complete,
concise, accurate, and professional. Levels of responsibility for the review of investigation
reports are as follows:

a. Report Writer: The report writer is responsible for reviewing the report for format,
accuracy, and timeliness; compliance with the law, Division policy, and standards; and
inclusion of all of the elements of the offense. The report writer is ultimately responsible
for the content and appearance of the report.

b. Supervisor: Supervisory personnel are responsible for reviewing the report(s) for all of
the above and for final approval of all electronic and hard copies. Supervisors will be

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notified when reports are ready for approval and shall make all appropriate case status
changes in ProLaw reflecting the appropriate event date and the report preparation date.
Supervisor approval of a Closing Memo in ProLaw changes the case status from
opened to closed.

c. Administrative: The SAC shall periodically review Investigation Reports to ensure


quality, timeliness, and consistency throughout the regional office in report writing, the
standard of investigations, and the review process. Administrative review is not a
requirement to approve all reports; however, SACs are responsible for the quality and
consistency of reports of all persons under their supervision. Under no circumstances
shall the SAC give proxy rights to clerical/support staff for approving reports in ProLaw.
SACs may give proxy rights for approving reports to sworn staff that are in an acting
SAC/SAS/IAS capacity. The SAC shall review all Investigation Reports, which involve
the seizure of assets; injury to law enforcement personnel, suspects, or innocent parties;
the discharge of firearms; or other significant incidents. The SAC shall initial and date
the report to document his/her review and approval of the report.

344.9 REPORT CORRECTIONS


Supervisors shall review reports for content and accuracy. If a correction is necessary:

a. DLE - The reviewing supervisor should complete the Supervisor Control Card stating the
reasons for returning the report.

b. BMFEA - The reviewing supervisor should return the original report with the corrections
to the report author.

It shall be the responsibility of the report author to ensure that any report returned for correction
is processed in a timely manner.

344.9.1 REPORT CHANGES OR ALTERATIONS


DLE reports that have been approved by a supervisor and closed shall not be modified or
altered except by way of a supplemental report. Reviewed reports that have not yet been
approved and closed may be corrected or modified by the authoring agent only with the
knowledge and authorization of the reviewing supervisor.

BMFEA reports that have been approved by a supervisor are to be scanned into the ProLaw
Case Tracking System. The supervisor shall then activate the check-out report locking
procedure in ProLaw to prevent alteration of the ROI. The ROI shall not be modified or altered
thereafter except with approval from the SAC and headquarters.

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345 Gambling Investigations and Subpoena of Records

345.1 PURPOSE AND SCOPE


The BGC has broad investigative powers as outlined in the Gambling Control Act (Business and
Professions Code 19800 et seq.) and the Government Code. Business and Professions Code
19827(a)(4)(A) authorizes the BGC to issue subpoenas to require the attendance and
testimony of witnesses and the production of books, records, documents, and physical
materials; 19827(a)(1)(D) authorizes the BGC to summarily seize, remove and impound
anydocuments or records from any licensed premises for the purpose of examination and
inspection.

This policy sets forth procedures to be followed when an investigation involves pursuing the
disclosure of the names, addresses and winning amounts of winners of certain jackpot games.

345.2 POLICY
The standardized subpoena, letter and winner notification form will be used to obtain the names,
addresses and winning amounts of winners of certain jackpot games as follows:

a. The case agent will complete an investigation report that justifies requiring a gambling
establishment to produce winners names, personal information (i.e. address, telephone
number, social security number, etc.) and amounts won as set forth in the gambling
establishments books, records, documents and physical materials. The investigative
report should also establish that such personal information cannot be readily obtained by
other means.

b. The report will be submitted via the chain of command to the SAC, who will then present
the report to the BGC Bureau Chief with a request for issuance of a narrowly-drawn
administrative subpoena (i.e. only requesting personal information actually necessary for
the investigation, limited to a reasonable time frame, etc.) to require the gambling
establishment to produce its books, records and documents containing the enumerated
information. This request shall be accompanied by a proposed BGC administrative
subpoena, prepared by the case agent or his/her supervisor, which requires production
of the documents containing the requested information.

c. The case agent or his/her supervisor will prepare a letter, using the standardized
template, to be served on the gambling establishment believed to be in the possession
of the specified records and documents. This letter shall:

1. Be addressed to the owner or manager of the gambling establishment.

2. Outline the BGCs authority to subpoena, inspect and, if necessary, seize


records.

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3. Refer to the signed administrative subpoena described in (b), above.

4. Explain that winners may oppose disclosure of their personal information, such
as their addresses, and suggest that the gambling establishment notify the
jackpot winners of both the pendency of the subpoena and the time frame during
which they may assert their interest by seeking an appropriate court protective
order or instituting other legal proceedings to limit the scope or nature of the
information disclosed to the BGC.

5. Have enclosed a sample Winner Notification Form that the gambling


establishment may choose to utilize when drafting any letter to be sent to the
winners.

d. The subpoena and letter shall be personally served on the gaming establishment owner
or manager to whom the letter is addressed.

e. The gambling establishment shall be allowed a total of thirty (30) days to respond, in
writing, to the subpoena.

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346 News Media Relations

346.1 PURPOSE AND SCOPE


This policy provides guidelines for media releases and media access to scenes of disasters,
criminal investigations, emergencies and other law enforcement activities.

346.2 RESPONSIBILITIES
The ultimate authority and responsibility for the release of information to the media by the DLE
shall remain with the Director; however, in situations not warranting immediate notice to the
Director and in situations where the Director has given prior approval, Bureau Chiefs, regional
managers and the Press Officer may prepare and release information to the media in
accordance with this policy and the applicable law.

BMFEA attorneys, agents and auditors may respond to media inquiries. Permission from
supervisors or the Press Office is not required; however, all media contacts must be reported to
the Press Office by email, with ccs to the BMFEA Director and the employees chain of
command. Comments to the media should be confined to matters of public record and to the
legal procedures involved in the case under discussion. If a media inquiry falls outside these
limits, the inquiry should be directed to the press office. BMFEA employees should consult the
Criminal Law Division Manual, section 2400, for a more detailed elaboration of the offices policy
on media relations.

346.2.1 MEDIA REQUEST


Any media request for information or access to a law enforcement situation shall be referred to
the designated department media representative, or if unavailable, to the appropriate Bureau
Chief. Prior to releasing any information to the media, employees shall consider the following:

a. At no time shall any employee of this department make any comment or release any
official information to the media without prior approval from a supervisor or the
designated department media representative.

b. In situations involving multiple law enforcement agencies, every reasonable effort should
be made to coordinate media releases with the authorized representative of each
involved agency prior to the release of any information by this department.

c. Under no circumstance should any member of this department make any comment(s) to
the media regarding any law enforcement incident not involving this department without
prior approval of the Director.

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d. Nothing in this section shall be interpreted to restrict the President of the California
Statewide Law Enforcement Association (CSLEA) or his/her designee and the President
of the Association of Special Agents (ASA) or his/her designee from providing press
releases or commenting to the media on matters concerning the CSLEA or the ASA. In
those instances, the CSLEA or the ASA President shall clearly identify themselves as
union officials. This section does not authorize to the CSLEA or the ASA to make
statements on behalf of the Department or to imply that their opinions are those of the
Department.

346.2.2 MEDIA CONTACTS


To ensure proper media coverage of issues or investigations that are sensitive, significant,
controversial, and/or related to Bureau, DLE, or DOJ policy, and to ensure that the Director and
other DOJ officials are kept informed, regional management should adhere to the following
policy:

a. Non-Routine Media Contacts:

1. News media requests for information regarding issues that are sensitive,
controversial, related to Bureau, DLE, or DOJ policy or otherwise highly unusual
shall be referred to the appropriate Bureau Chief for coordination with the Office of
the Director.

2. Prior to scheduling or participating in any press conference or issuing a news


release, regional management will notify their Bureau Chief.

3. The Bureau Chief will notify the Office of the Director of the media contact, and that
they will immediately contact the Attorney General's Press Secretary via telephone.

4. TFCs shall adhere to the guidelines set forth in this Section and report non-routine
media contacts to their SAC, who will notify the Press Secretary in the manner
prescribed above. The SAC shall report the contacts to their Bureau Chief. In the
event the SAC cannot be reached, the Task Force Commander will contact their
Bureau Chief, who will ensure proper notification via the chain of command.

5. Regional management should have the following information ready and available for
the Bureau Chief and Press Secretary:

a. Names, ages, residences, and professions of suspects;

b. Contraband seized, including amount and type, as well as wholesale and street
value;

c. Charges filed, where booked, bail, arraignment date;

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d. Agencies involved in the investigation;

e. Length and scope of the investigation and whether it is continuing;

f. Where the arrests were made;

g. Any unusual circumstances such as weapons or explosives seized, assets


seized, resistance, etc.

6. The Press Secretary and the Bureau Chief will jointly decide upon the method for
release of the information. They will also decide which details will be released and
will prepare a news fact sheet for media release.

7. Once the fact sheet has been approved, regional management may join with
representatives of other law enforcement agencies in joint press conferences.

8. Joint press releases issued with other agencies shall be reviewed by the affected
Bureau Chief in coordination with the Office of the Director prior to release, if
possible. If not, a copy of the release shall be forwarded to the Bureau Chief and
Office of the Director as soon as possible.

b. Routine Media Contacts:

1. Routine contacts with the news media may be handled by regional management or
designee. Telephone and personal contacts with reporters on routine matters need
not be documented. These routine contacts shall be noted in the DLE Daily Report
(Policy 315) under the appropriate heading.

2. Regional management or designee can provide information to radio, television, and


newspaper reporters regarding routine matters.

3. Task Force Commanders may issue press releases regarding task force activities in
accordance with bureau and task force council or executive board policy.

c. Media Contacts During Enforcement Operations:

1. Regional management must notify their Bureau Chief and the PIO/Press Secretary
prior to allowing media personnel to accompany DLE personnel on any enforcement
activity.

2. Based on Wilson vs. Layne, media personnel are not permitted in any private
dwelling. Any media personnel present during an enforcement activity shall remain in
an area which preserves the right to privacy of the subject of the enforcement activity

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until a written release from the subject is obtained allowing the media to access
private areas.

346.3 MEDIA ACCESS


Authorized and bona fide members of the media shall be provided access to scenes of
disasters, criminal investigations, emergencies and other law enforcement activities subject to
the following conditions (Penal Code 409.5(d)):

a. The media representative shall produce valid press credentials that shall be prominently
displayed at all times while in areas otherwise closed to the public.

b. Media representatives may be prevented from interfering with emergency operations


and criminal investigations.

1. Reasonable effort should be made to provide a safe staging area for the media that
is near the incident and that will not interfere with emergency or criminal investigation
operations. All information released to the media should be coordinated through the
department Press Information Officer or other designated spokesperson.

2. Whenever the presence of media or other aircraft pose a threat to public or officer
safety or significantly hampers incident operations, the field supervisor should
consider requesting a Temporary Flight Restriction (TFR). All requests for TFR shall
be routed through the SAC. A TFR, either for a pre-planned operation or an
unplanned incident, should include specific information regarding the perimeter and
altitude necessary for the incident and should be requested through the appropriate
controlling tower. If the controlling tower is not known, the Federal Aviation
Administration should be contacted (Federal Aviation Regulations 91.137).

c. No member of this department who is under investigation shall be subjected to media


visits or interviews without the consent of the involved employee (Government Code
3303(e)).

d. Media interviews with individuals who are in custody shall not be permitted without the
approval of the Director and the expressed consent of the person in custody.

e. Any appearance by any employee on television or radio programs during which the
policies of any bureau, the DLE, or the DOJ will be discussed, or any appearance on a
program in which the employee represents any bureau, DLE, or DOJ, requires written
approval in advance by their Bureau Chief and shall be reported immediately thereafter
via the Daily Report to the Director.

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f. No agent, other than a SAC/TFC or a SAS with the approval of the SAC, shall knowingly
permit his/her face to be photographed when such photographs are intended for
publication in newspapers or magazines, or on Web sites or television.

A tactical operation should be handled in the same manner as a crime scene, except the news
media shall be permitted within the outer perimeter of the scene, subject to any restrictions as
determined by the supervisor in charge. Department members shall not jeopardize a tactical
operation in order to accommodate the news media. All comments to the media shall be
coordinated through a supervisor or the Press Officer.

346.4 RELEASE OF INFORMATION


At no time shall identifying information pertaining to a juvenile arrestee, victim or witness be
publicly released without prior approval of a competent court. Information concerning incidents
involving certain sex crimes and other offenses set forth in Government Code 6254(f) shall be
restricted in accordance with applicable statutory provisions.

Identifying information concerning deceased individuals shall not be released to the media until
notification of next of kin or otherwise cleared through the Coroners Office.

Any requests for information shall be referred to the designated department media
representative, the custodian of records, or if unavailable, to the SAC. Such requests will
generally be processed in accordance with the provisions of the Public Records Act
(Government Code 6250, et seq.)

346.4.1 RESTRICTED INFORMATION


It shall be the responsibility of the authorized employee dealing with media requests to ensure
that restricted information is not inappropriately released to the media by this department. When
in doubt, authorized and available legal counsel should be obtained.

Examples of such restricted information include, but are not limited to:

a. Confidential peace officer personnel information (See Policy Manual 1026).

1. The identities of agents involved in shootings or other major incidents may only be
released to the media pursuant to consent of the involved agent or upon a formal
request filed and processed in accordance with the Public Records Act.

b. Criminal history information.

c. Information that would tend to endanger the safety of any individual or jeopardize the
successful completion of any ongoing investigation.

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d. Information pertaining to pending litigation involving this department.

e. Information obtained in confidence.

f. Any information that is otherwise privileged or restricted under state or federal law
(Government Code 6254(k)).

346.4.2 RELEASE OF PHOTOGRAPHS


Official photographs that are part of an investigation, intelligence, or employee personnel files
shall not be released or disseminated to the media or general public if there is any concern that
doing so could compromise a law enforcement investigation or infringe upon any individual's
right to privacy. The decision to release or withhold photographs shall be based upon a
consideration of the risk either action could pose to an investigation and the privacy rights of
individuals affected by such release. The release of photographs requires prior approval of
regional management.

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348 Court Appearance and Subpoenas

348.1 PURPOSE AND SCOPE


This procedure has been established to provide for the acceptance of subpoenas and to ensure
that employees appear when subpoenaed, or are available to appear in court when requested
and present a professional appearance.

348.1.1 DEFINITIONS
For the purpose of this policy, the following definitions are provided:

On-Call - When an employee has appeared in court, or is at the time on duty, and has been told
by a member of the court that he/she is free to leave the court or return to duty, subject to being
available by phone or pager if called back.

Stand-by - When an employee receives a subpoena of a type which allows him or her to not
appear in court, but remain available by phone or pager so that he or she may be directed to
appear in court within a reasonable amount of time.

Criminal Trailing Status - When an employee remains on standby status for additional court
sessions until notified otherwise.

Mandatory Appearance - Subpoenas marked as mandatory appearance require an


employees physical appearance in the specified court. Failure to timely appear in the specified
court, either intentionally or by negligence, may result in disciplinary action.

348.2 COURT SUBPOENAS


Employees who receive subpoenas related to their employment with this department are subject
to the provisions of this policy. Employees should be aware that their compliance is mandatory
on all cases for which they have been properly subpoenaed, or properly notified. This policy
applies to civil and criminal subpoenas. Employees are expected to cooperate with the
prosecution to ensure the successful conclusion of a case.

348.2.1 SERVICE OF SUBPOENA


Service of a subpoena requiring the appearance of any department employee in connection with
a matter arising out of the employees course and scope of official duties may be accomplished
by personal service on the employee or by delivery of two copies of the subpoena on the
employees supervisor or other authorized departmental agent (Government Code 68097.1
and Penal Code 1328(c)). Subpoena service is also acceptable by courier or court liaison from
the court to this department.

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348.2.2 VALID SUBPOENAS
No subpoena shall be accepted for an employee of this department unless it has been properly
served and verified to have originated from a recognized legal authority.

348.2.3 ACCEPTANCE OF SUBPOENA


a. Only the employee named in a subpoena, his/her immediate supervisor, the person
designated by regional management to accept subpoenas or the Litigation Coordinator
shall be authorized to accept service of a subpoena (Penal Code 1328(c)). The person
designated by regional management to accept subpoenas shall maintain a chronological
log of all subpoenas received by the regional office and provide a copy of the subpoena
to each involved employee. If the employee named in a subpoena or his/her supervisor
directly accepts a subpoena, that person shall notify the person designated by regional
management to accept subpoenas so that it may be recorded on the log.

b. Any supervisor or other authorized individual accepting a subpoena on behalf of another


employee shall immediately check available schedules to determine the availability of
the named employee for the date listed on the subpoena.

c. Any authorized individual receiving a subpoena shall make a note on the subpoena of
the date, time and method of service (in person/by mail).

d. Any subpoenas duces tecum received by an employee of this division shall immediately
be forwarded to the Litigation Coordinator for processing, unless the Litigation
Coordinator has expressly directed otherwise.

e. In most cases, it is not necessary to forward subpoenas for testimony in criminal cases
to the Litigation Coordinator.

f. If an employee or his/her supervisor is unsure of the proper handling of a particular


subpoena, the subpoena may cause the Department liability, and/or legal representation
is needed, the Litigation Coordinator shall be notified immediately. If appropriate, the
Litigation Coordinator will contact the Bureau Chief to discuss the case, get copies of all
supporting documents and obtain approval to contact a Senior Assistant Attorney
General (SAAG). The Litigation Coordinator may contact a SAAG and request legal
representation for the Division, Bureau and/or the employee.

348.2.4 REFUSAL OF SUBPOENA


Except where previous arrangements with the issuing court exist, training, vacations and
regularly scheduled days off are not valid reasons for refusing a subpoena or missing court.

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If, due to illness or injury, the named employee is unable to appear in court as directed by a
previously served subpoena, he/she shall, at least one hour before the appointed date and time,
inform his/her immediate supervisor, the court, the Deputy Attorney General, and the district
attorneys office of his/her absence. If the employee is incapacitated, it shall then be the
responsibility of his/her supervisor to notify the issuing authority of the employees unavailability
to appear. An employee who fails to appear without properly notifying the court may be held in
contempt of court.

If the immediate supervisor or other authorized individual knows that he/she will be unable to
deliver a copy of the subpoena to the named employee within sufficient time for the named
employee to comply with the subpoena, the supervisor or other authorized individual may refuse
to accept service (Penal Code 1328(d)).

If a subpoena is presented for service to an immediate supervisor or other authorized individual


less than five working days prior to the date listed for an appearance and the supervisor or other
authorized individual is not reasonably certain that the service can be completed, he/she may
refuse to accept service (Penal Code 1328(e)).

If, after initially accepting service of a subpoena, a supervisor or other authorized individual
determines that he/she will be unable to deliver a copy of the subpoena to the individually
named employee within sufficient time for the named employee to comply with the subpoena,
the supervisor or the subpoena clerk shall notify the server or the attorney named on the
subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code
1328(f)).

348.2.5 COURT STANDBY


To facilitate court standby agreements with the courts, employees are required to provide and
maintain current information on their address and phone number with the Department.

Employees are required to notify the Department within 24 hours of any change in residence
address or home phone number, and to provide accurate and reasonably reliable means or
methods for contact. If an employee on standby changes his/her location during the day, the
employee shall notify his/her supervisor of how he/she can be reached by telephone.
Employees are required to remain on standby each day the case is trailing. In a criminal case
the Deputy District Attorney handling the case is the only person authorized to excuse an
employee from standby status.

348.2.6 OFF-DUTY RELATED SUBPOENAS


Employees receiving valid subpoenas for actions taken off-duty not related to their employment
with California Department of Justice shall comply with the requirements of the subpoena.
Employees receiving these subpoenas are not compensated for their appearance and
arrangements for time off shall be coordinated through their immediate supervisor.

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348.2.7 FAILURE TO APPEAR
Any employee who fails to comply with the terms of any valid and properly served subpoena
may be subject to discipline as well as court imposed civil and/or criminal sanctions.

348.3 CIVIL SUBPOENAS


The Department will compensate employees who appear in their official capacity on civil matters
arising out of the employees official duties as directed by DOJAM 13400, et seq. In such
situations, the Department will also reimburse any employee for reasonable and necessary
travel expenses.

The Department will receive reimbursement for the employees compensation through the civil
attorney of record who subpoenaed the employee.

348.3.1 PROCEDURE
To ensure that the employee is able to appear when required, that the employee is
compensated for such appearance, and to protect the Departments right to reimbursement,
employees shall follow the established procedures for the receipt of a civil subpoena.

348.3.2 CIVIL SUBPOENA ACCEPTANCE


Subpoenas shall not be accepted in a civil action in which the employee or Department is not a
party without properly posted fees pursuant to Government Code 68097.6.

348.3.3 PARTY MUST DEPOSIT FUNDS


The party in the civil action who seeks to subpoena an employee must deposit the statutory fee
of $150 (Government Code 68097.2) for each appearance before such subpoena will be
accepted. Parties seeking to have the employee make multiple appearances must make an
additional deposit in advance.

348.4 OVERTIME APPEARANCES


If the employee appeared on his/her off-duty time, he/she will be compensated in accordance
with the current employee Memorandum of Understanding.

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348.5 COURTROOM PROTOCOL
Employees must be punctual when appearing in court and shall be prepared to proceed
immediately with the case for which they are subpoenaed.

348.5.1 PREPARATION FOR TESTIMONY


Before the date of testifying, the subpoenaed employee shall request a copy of relevant reports
and become familiar with their content in order to be prepared for court.

348.6 COURTHOUSE DECORUM


Employees shall observe all rules of the court in which they are appearing, refrain from smoking
or chewing gum in the courtroom, and shall remain alert to changes in the assigned courtroom
where their matter is to be heard.

348.7 TESTIFYING AGAINST THE INTEREST OF THE PEOPLE OF THE


STATE
Any member or employee who is subpoenaed to testify, who has agreed to testify, or who
anticipates testifying or providing information on behalf of or at the request of any party other
than the People of the State of California, any county, any city, or any of their officers and
employees in which any of those entities are parties, will notify their immediate supervisor
without delay. The supervisor will then notify the Director, District Attorneys Office in criminal
cases, County Counsel or City Attorney, as may be indicated by the case.

This includes, but is not limited to the following situations:

a. Providing testimony or information for the defense in any criminal trial or proceeding

b. Providing testimony or information for the plaintiff in a civil proceeding against any
county, any city, or their officers and employees or

c. Providing testimony or information on behalf of or at the request of any party other than
any County, city, or any county or city official in any administrative proceeding, including
but not limited to personnel and/or disciplinary matter.

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352 Outside Agency Assistance

352.1 PURPOSE AND SCOPE


The purpose of this policy is to provide guidance to agents in the request of or answering the
request for assistance involving another law enforcement agency.

It is the policy of this department to provide assistance whenever possible, consistent with
applicable laws, the policies of this department, the California Law Enforcement Mutual Aid Plan
and the California Emergency Plan when another law enforcement agency requests assistance.
This department may also request an outside agency to provide assistance.

352.1.1 ASSISTING OUTSIDE AGENCIES


Generally, calls for assistance from other agencies are routed to the SACs office for approval.
When an authorized employee of an outside agency requests the assistance of this department
in taking a person into custody, available agents shall respond and assist in making a lawful
arrest. If an agent receives a request in the field for assistance, that agent shall notify a
supervisor. Arrestees may be temporarily detained by our agency until arrangements for
transportation are made by the outside agency. Only in exceptional circumstances will this
department provide transportation of arrestees to facilities. Task force assistance shall be
authorized by the TFC.

When such assistance is rendered, a case number will be issued to report action taken by
California Department of Justice personnel. All details of this divisions participation shall be
reported.

This division may be asked to assist other law enforcement agencies with various types of
investigations, including but not limited to:

Locating or interviewing witnesses/suspects

Serving search/arrest warrants

Conducting probation and parole searches

Monitoring wiretaps

Gang investigations

Undercover operations

Loaning and installing specialized equipment

Surveillance

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Multi-jurisdictional investigations

Exceptionally significant investigations

Any investigations that exceed the local agencys expertise and/or resources

A request for assistance from another law enforcement agency or local district attorney's office
that is based on a claim of conflict of interest shall be directed to the Senior Assistant Attorney
General of the Division of Criminal Law.

352.1.2 REQUESTING ASSISTANCE FROM OUTSIDE AGENCIES


If assistance is needed from another agency, the employee requesting assistance shall first
notify a supervisor of his/her intentions. The handling agent or supervisor should direct assisting
personnel to where they are needed and to whom they should report when they arrive.

The requesting or handling agent should secure radio frequencies for use by all involved
agencies so that communication can be coordinated as needed. If necessary, reasonable effort
should be taken to provide radio equipment capable of communicating on the assigned
frequency to any personnel who do not have compatible radios.

Allied agency assistance may include, but is not limited to:

Requests for military resources

CHP assistance during freeway pursuits

Large-scale drug investigations

Violent crime cases in city or county jurisdictions

Multi-jurisdictional cases

352.1.3 MILITARY ASSISTANCE REQUESTS


All requests for military resources for use by regional offices or task forces shall be made via the
chain of command to the Bureau Chief. The Bureau Chief shall forward the request to the
designated National Guard liaison officer stationed in BI Headquarters.

352.2 CRITICAL EVENT RESPONSE PLAN


The Critical Event Response Plan is implemented when the Deputy or Assistant Director
authorizes the deployment of Division resources to assist in a crisis situation.

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352.2.1 INCIDENT COMMANDER
The Deputy or Assistant Director shall appoint an Incident Commander to represent the Division
and act as liaison to any affected outside agencies command posts. The Incident Commander
is selected at the discretion of the Deputy or Assistant Director based upon the needs of the
situation, irrespective of the individuals classification or bureau assignment. Once the Incident
Commander has been appointed, the BI Intelligence Operation Center (IOC) shall notify all
Bureau Chiefs, Assistant Chiefs and regional managers of the initiation of the Critical Event
Response Plan and the identity of the designated Incident Commander via a Roam Alert. This
notification shall serve as authorization for all bureaus to provide support to the Incident
Commander as needed.

The Incident Commander is responsible for establishing liaison with each affected outside
agencys command staff/command post. Every effort shall be made by the Incident
Commander to respond directly to the command post in order to fully assess the need for DLE
participation. Upon completion of the assessment, the Incident Commander shall report his/her
findings and recommendations to the Deputy or Assistant Director.

352.2.2 LEVELS OF RESPONSE


The response to a crisis situation shall be structured in a three-level approach, with Level III
being the most significant. This graduated structure allows for the cumulative escalation of the
Divisions response when necessary. The IOC and DOJs Command Center may be integrated
as an available resource at any level of response, if necessary.

a. Level I - A Level I event is described as an isolated event requiring only a partial


response from the Division. Level I event command posts may be led by the DLE, or the
DLE may participate in another agencys command post operation. Examples include
homicides or local kidnappings, officer-involved shootings, and command post
operations staged in anticipation of future small-scale enforcement
operations/events. The Incident Command System (ICS) may be utilized throughout any
response at this level.

b. Level II - A Level II requires a response encompassing significant resources of the


Division, coordination with several other emergency response agencies. Staffing of the
California Emergency Management Agency (Cal EMA), Emergency Operations Center
(EOC) may be required. Examples include large-scale enforcement operations/events,
significant natural disasters, coordinated evacuations, and several local critical events
occurring simultaneously. The ICS shall be utilized throughout any response at this
level. The Level II command post may be augmented by the use of DLEs Command
Post Vehicle as a forward command post near an event location or as necessary.

c. Level III - A Level III event is a major event or crisis situation requiring the full
capabilities of the Division, along with a significant number of federal, state, and local

Department of Justice Law Enforcement Policy & Procedures Manual Page | 173
law enforcement agency resources. Examples include major natural disasters,
coordinated evacuations and terrorist attacks. The IOC may be staffed as a command
post for executive command during a Level III response. Attention should be paid to the
DOJ Business Resumption Plan, located on the Intranet, during a Level III response.

Once the level of response has been determined, the Incident Commander shall be responsible
for integrating Division command and control of Division personnel into the established ICS of
the event or situation. The Incident Commander shall make assignments of personnel from all
participating bureaus, determine local agency needs and coordinate the distribution of
resources. All personnel responding in this manner shall be utilized in a fashion that is
consistent with the level of training and experience of the personnel responding. It is incumbent
upon the Incident Commander to continually assess DLEs role and the need for continued
involvement in any given event.

352.2.3 RESOURCE GUIDE


The DLE Resource Guide contains a current listing of personnel and equipment resources that
can be applied to any critical event upon request. The purpose for this guide is to provide the
Incident Commander with a current list of specialized equipment and personnel with special
skills, locations and contact information for deploying the resource(s) as necessary. The DLE
Resource Guide shall be maintained and updated biannually by the IOC.

352.2.4 AFTER-ACTION REPORT


At the discretion of the Deputy or Assistant Director or designee, the Incident Commander may
prepare an After-Action Report summarizing the event and the level of this divisions response.
This report shall sufficiently detail the resources committed to the event by the Division,
including the number of personnel, overtime hours expended and an itemized list of any
specialized equipment utilized during the deployment.

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354 Handcuff Policy

354.1 PURPOSE AND SCOPE


This procedure provides guidelines for handling situations involving handcuffing during
detentions and arrests. This policy is also applicable to Flexcuffs, which will be considered
synonymous with handcuffs for purposes of this policy.

354.2 HANDCUFFING POLICY


The arresting agent should consider the circumstances leading to the arrest, the attitude of the
arrested person, and the age, sex, and health of the person before handcuffing. It must be
recognized that officer safety is the primary concern.

It is not the intent of the Department to dissuade agents from handcuffing all persons they
believe warrant that degree of restraint, nor is it the intent of this policy to create the atmosphere
that in order to avoid risk, an agent should handcuff all persons regardless of the circumstances.
In most situations handcuffs should be applied with the hands behind the person. Handcuffs
should be removed as soon as the arrested person is safely confined within the jail.

When on duty, all agents shall carry handcuffs in good working condition. The handcuffs shall
be carried on their person while performing field enforcement duties except when operating in
an undercover capacity or when exempted by their SAC/SAS. Rangemasters shall inspect
handcuffs annually to ensure adequate working condition.

354.2.1 IMPROPER USE OF HANDCUFFS


Handcuffing is never done to punish, to display authority, or as a show of force. Persons are
handcuffed only to restrain their hands to ensure officer safety. When practical, handcuffs shall
be double locked to prevent tightening which may cause undue discomfort or injury to the hands
or wrists.

354.2.2 JUVENILES
Juveniles 14 years of age or older may be handcuffed when the act committed is of a felonious
nature or when their acts have amounted to crimes where the agent has a reasonable suspicion
the suspect may have a desire to escape, injure themselves, injure the agent or others, or
destroy property.

Juveniles under 14 years of age generally will not be handcuffed unless their acts have
amounted to a dangerous felony or when they are of a state of mind which suggests a
reasonable probability of their desire to escape, injure themselves, the agent or others, or to
destroy property.

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354.2.3 HANDCUFFING OF DETAINEES
Situations may arise where it may be reasonable to handcuff an individual who may, after
subsequent investigation, be released prior to arrest. Such a situation is considered a detention,
rather than an actual arrest. Unless arrested, the use of handcuffs on detainees at the scene of
a search warrant should continue for only as long as is reasonably necessary to assure the
safety of agents and others. Handcuffs should be removed as soon as it is determined that the
detained person will not be arrested.

When an individual is handcuffed and released without an arrest, a written report of the incident
shall be made to document the details of the detention and need for use of handcuffs.

354.2.4 HANDCUFFING OF PREGNANT ARRESTEES


No arrestee who is in labor shall be handcuffed or restrained by the wrists, ankles or both
unless it is reasonably necessary for the safety of the arrestee, agents or others (Penal Code
6030).

354.3 ARREST PROCEDURE


Absent exigent circumstances, no agent should arrest or attempt to arrest a suspect unless
accompanied by another agent or other law enforcement officer.

Arrested suspects shall immediately be handcuffed with their hands behind their backs and
searched for weapons, unless circumstances and this policy dictate otherwise. Agents shall
utilize proper arrest and control techniques when arresting and handcuffing suspects. All
suspects shall be thoroughly searched as soon as possible and, when practical, by the
appropriate gender.

If a suspect is injured during an arrest, agents shall proceed with handcuffing the suspect. As
soon as possible, medical assistance shall be provided to the injured suspect. The investigation
report shall reference the injury and any medical treatment administered. Additionally, a
separate memo shall be prepared by the involved agent(s) and submitted, via the chain of
command, to their SAC detailing the circumstances of the suspect's injury and the medical
treatment administered. Photographs of the suspect and any injuries shall be attached to the
investigation report and memo. The SAC shall notify the Bureau Chief of all suspect injuries
within 24 hours of occurrence.

Agents assigned to guard or maintain custody of prisoners shall be responsible for maintaining
continuous control of prisoners until they are released, turned over to a transporting officer, or
turned over to a custody facility after booking. In order to maintain a high degree of officer safety

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while maintaining custody of prisoners, agents shall check all areas within reach of the suspect
for weapons.

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356 Megans Law


356.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a procedure for the dissemination of information
regarding certain registered sex offenders under Californias Megans Law (Penal Code 290
and 290.4). It is the policy of this department to facilitate public access to information allowed by
legislation on registered sex offenders.

356.2 DEPARTMENTAL DISSEMINATION OF INFORMATION


Whenever this department determines that it is necessary to provide information to the public
regarding a person required to register as a sex offender pursuant to Penal Code 290 in order
to ensure the public safety, such information may only be released by means determined by the
Director to be appropriate (Penal Code 290.45(a)(1)).

Agents shall obtain approval from a supervisor prior to the public release of any information
regarding a registered sex offender. Under exigent circumstances, an agent may release the
information without prior supervisory approval; however, a supervisor shall be notified of the
information release as soon thereafter as is practical.

Included with all public disclosures of information about any registered sex offender will be a
statement that the purpose of the release is to allow members of the public to protect
themselves and their children from sex offenders (Penal Code 290.45(a)(2)).

356.2.1 LIMITATIONS ON EXTENDED RELEASE


The Department may authorize the persons and entities who receive the information about a
registered sex offender which is disclosed by the Department to disclose the information to
additional persons only if the Department determines that disclosure to those additional persons
will enhance the public safety, and only if the Department identifies the appropriate scope of
further release. The Department may not authorize any disclosure of such information by its
placement on a non-departmental Internet Web site (Penal Code 290.45(c)(1)).

356.3 RELEASE OF INFORMATION VIA THE INTERNET


Information about a specific offender may be publicly disclosed by way of the Department
Internet Web site only when the Department determines that such disclosure is necessary to
ensure the public safety (Penal Code 290.46(g)). However, if the Department discloses a
registrant on the Internet Web site, it may not disclose the persons residence address unless
such disclosure is authorized pursuant to Penal Code 290.46, subdivision (b) or (c)(1).

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356.3.1 INFORMATION PROHIBITED FROM INTERNET RELEASE
The following information shall not be released over the Department Internet Web site (Penal
Code 290.46(a):

Any information identifying the victim.

The name and address of the offenders employer.

All criminal history of the offender, other than the specific crimes for which the person is
required to register.

356.3.2 INFORMATION PERMITTED FOR INTERNET RELEASE


For those offenders listed in Penal Code 290.46(c)(2) and (d)(2), the following information
may be included on the department Internet Web site:

a. The offenders full name.

b. The offenders known aliases.

c. The offenders gender.

d. The offenders race.

e. The offenders physical description.

f. The offenders photograph.

g. The offenders date of birth.

h. Crimes resulting in the registration of the offender under Penal Code 290.

i. The community of residence and ZIP Code in which the registrant resides or the county
in which the person is registered as a transient.

j. Any other information which the Department deems relevant, such as:

1. Description of the offenders vehicle(s) or vehicle(s) the offender is known to drive


(only if the offender is currently wanted for a criminal offense).

2. Dates of crimes resulting in current classification, if a date of release from


confinement on the offense is available.

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3. Other information which the Department determines is necessary and relevant.

For those offenders listed in Penal Code 290.46(b)(2), the address at which the offender
resides must also be included on the Department Internet Web site in addition to the above.

If the Department releases the address of any offender in any format other than displaying it on
the Megans Law Internet Web site, the Department shall verify that the information is correct.
The residence address displayed on the Megans Law Internet Web site is provided by local law
enforcement on the 8102 and is presumed correct for that purpose.

356.4 PUBLIC INQUIRIES


As a general rule information may not be given over the telephone. Members of the public may
access detailed sexual offender information by way of their personal computer through the
Internet at the Megans Law Web site maintained by the Department of Justice
(www.meganslaw.ca.gov). They may also submit a list of at least six persons directly to the
Department of Justice on a designated form to inquire whether any of those persons are
required to register as a sex offender and are subject to public notification (Department of
Justice fees may apply) (Penal Code 290.4(a)).

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362 Identity Theft

362.1 PURPOSE AND SCOPE


Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions.
This policy is intended to provide guidelines for the reporting and investigation of such crimes.

362.2 REPORTING
If, during an unrelated investigation, an agent has reasonable cause to believe identity theft has
occurred, the agent shall notify the local law enforcement agency where the victim resides at the
time of the crime. The reporting agent should inform victims of identity theft that the California
Identity Theft Registry is available to help those who are wrongly linked to crimes. The registry
can be checked by law enforcement and other authorized persons to investigate whether a
criminal history or want was created in the victim's name (Penal Code 530.7). Information
regarding the California Identity Theft Registry can be obtained by calling toll-free (888) 880-
0240.

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364 Private Persons Arrests

364.1 PURPOSE AND SCOPE


Refer to the California Peace Officers Legal Sourcebook (Policy Manual 106.5.3) for issues
relating to the handling of private persons arrests made pursuant to Penal Code 837.

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368 Limited English Proficiency Services

368.1 PURPOSE AND SCOPE


Language barriers can sometimes inhibit or even prohibit individuals with limited English
proficiency (LEP) from gaining meaningful access to, or an understanding of, important rights,
obligations and services. The Departments Bilingual Services Program, a part of the Equal
Employment Rights and Resolution (EER&R) office, may be of assistance. In addition, the
Bilingual Services Policy is found in DOJAM Chapter 7, Section 8.

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370 Hearing Impaired/Disabled Communications

370.1 PURPOSE AND SCOPE


Individuals who suffer from deafness, hearing impairment, blindness, impaired vision, mental or
other disabilities may encounter difficulties in gaining meaningful access to, or an understanding
of important rights, obligations and services. The Departments Bilingual Services Program, a
part of the Equal Employment Rights and Resolution (EER&R) office, may be of assistance. In
addition, the Bilingual Services Policy is found in DOJAM Chapter 7, Section 8.

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376 Chaplains
376.1 PURPOSE AND SCOPE
The California Department of Justice Chaplain Program is established for the purposes of
providing spiritual and emotional support to all members of the Department and their families.

376.2 POLICY
It is the policy of this department that the Chaplain Program shall be a non-denominational,
ecumenical ministry provided by volunteer clergy without financial compensation.

376.3 GOALS
Members of the Chaplain Program shall fulfill the programs purpose in the following manner:

a. By serving as a resource for department personnel when dealing with the public in such
incidents as accidental deaths, suicides, suicidal subjects, serious accidents, drug and
alcohol abuse, and other such situations that may arise.

b. By providing an additional link between the community, other chaplain programs and the
Department.

c. By providing counseling, spiritual guidance and insight for department personnel and
their families.

d. By being alert to the spiritual and emotional needs of department personnel and their
families.

e. By familiarizing themselves with the role of law enforcement in the community.

376.4 REQUIREMENTS
Candidates for the Chaplain Program shall meet the following requirements:

a. Must be above reproach, temperate, prudent, respectable, hospitable, able to teach, not
be addicted to alcohol or other drugs, not contentious, and free from excessive debt.
Must manage their household, family, and personal affairs well. Must have a good
reputation with those outside the church.

b. Must be ecclesiastically certified and/or endorsed, ordained, licensed, or commissioned


by a recognized religious body.

c. Must successfully complete an appropriate level background investigation

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d. Must have at least five years of successful ministry experience within a recognized
church or religious denomination.

e. Membership in good standing with the International Conference of Police Chaplains


(ICPC).

f. Possess a valid California Driver License.

376.6 DUTIES AND RESPONSIBILITIES


The duties of a chaplain include, but are not limited to, the following:

a. Provide grief counseling and assist law enforcement personnel and victims at the scene,
as first responders regarding issues of critical incidents, traumatic events, and
emergency situations, 24 hours a day, 7 days a week.

b. Assist in making notification to families of department members who have been seriously
injured or killed.

c. After notification, respond to the hospital or home of the department member.

d. Attend and participate, when requested, in funerals of active or retired members of the
department.

e. Assist sworn personnel in the diffusion of a conflict or incident when requested to by on-
scene staff. Respond to natural and accidental deaths, suicides and attempted suicides,
family disturbances and any other incident that in the judgment of the SAC or supervisor
aids in accomplishing the Departments mission.

f. Counsel with officers and other personnel having personal problems, at their request.
Give emotional support to individuals dealing with extreme stress, sorrow, or grief after
facing death, an injury, or violence.

g. Attend department and academy graduations, ceremonies and social events and offer
invocations and benedictions, as requested. Provide initial contact in the critical incident
stress debriefing process, and follow-up with the employees family in support of the
critical incident process.

h. Act as a referral resource for peer supporters and assist in their training as needed.

i. Respond to all major disasters such as earthquakes, bombings and similar critical
incidents.

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j. Provide liaison with other religious leaders of the community.

k. Assist public safety personnel and the community in any other function of the clergy
profession as requested.

Chaplains may not proselytize or attempt to recruit members of the Department or the public
into a religious affiliation while on-duty unless the receiving person has solicited spiritual
guidance or teaching. If there is any question as to the receiving person's intent, chaplains
should verify that the person is desirous of spiritual counseling or guidance before engaging in
such discussion.

Chaplains may not accept gratuities for any service or follow-up contact that was provided while
functioning as a chaplain for the Department.

376.6.1 OTHER RESPONSIBILITIES


a. Participate in in-service training classes.

b. Be willing to enter into training courses to enhance their effectiveness.

c. Assist in contacting the assisted persons personal clergyperson as soon as possible.

d. Should a person request a representative/minister of a specific denomination other than


a department chaplain, the on-scene chaplain will contact the appropriate clergy as
requested.

e. Make referrals in cases where specialized attention is needed, or in those cases that are
beyond the chaplains ability to assist.

f. Chaplains may not accept gratuities offered for their services or follow-up contacts while
functioning as a chaplain for the California Department of Justice.

376.7 CLERGY-PENITENT CONFIDENTIALITY


No person who provides chaplain services to members of the Department may work or
volunteer for the Department in any capacity other than that of chaplain.

Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the
limits of the clergy-penitent privilege and shall inform department members when it appears
reasonably likely that the member is discussing matters that are not subject to the clergy-
penitent privilege. In such cases, the chaplain should consider referring the member to a non-
department counseling resource.

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No chaplain shall provide counsel to or receive confidential communications from any
Department employees concerning an incident personally witnessed by the chaplain or
concerning an incident involving the chaplain.

376.9 OPERATIONAL GUIDELINES


a. Chaplains shall be available 24 hours a day, 7 days a week.

b. Chaplains shall be permitted to ride with officers during any shift and observe California
Department of Justice operations, provided the SAC has been notified and approved of
the activity.

c. Chaplains shall not be evaluators of employees and shall not be required to report on an
employees performance or conduct.

d. In responding to incidents, a chaplain shall never function as an officer.

e. When responding to in-progress calls for service, chaplains may be required to standby
in a secure area until the situation has been deemed safe.

f. Chaplains shall serve only within the jurisdiction of the Department unless otherwise
authorized by the Director or his designee.

g. Each chaplain shall have access to current personnel rosters, addresses, telephone
numbers, duty assignments and other information that may assist in their duties. Such
Information will be considered confidential and each chaplain will exercise appropriate
security measures to prevent distribution of the information.

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377 Office Administration

377.1 PURPOSE AND SCOPE


The purpose of this policy is to ensure administrative and security procedures among regional
offices, field offices, task forces, and laboratories.

377.2 OFFICE HOURS


Although the working hours of the various employees may differ, the regional offices, field
offices, laboratories and Headquarters will maintain business office hours of 0800 to 1700,
Monday through Friday.

377.3 APPEARANCE OF THE REGIONAL OFFICES, REGIONAL TASK


FORCE OFFICES AND BFS LABORATORIES
It is the responsibility of the regional manager to ensure that his/her office presents a
professional, businesslike appearance.

377.4 FIELD ENFORCEMENT INSPECTIONS BY SACS


Each regional office SAC shall conduct a minimum of four field enforcement inspections during
each quarter of the fiscal year. A minimum of two of the quarterly inspections shall be conducted
outside of normal duty hours. Field enforcement inspections will be scheduled so that each
enforcement team or investigative program receives both announced and unannounced
inspections during the course of each fiscal year.

A field enforcement inspection is defined as an on-site examination of investigative tactics,


techniques, equipment and resource utilization, and adherence to policy and procedures during
a field enforcement operation. Attendance at pre- or post-operation briefings is encouraged but
does not, by itself, constitute a field inspection.

The SAC shall maintain a field inspection log. The log must be maintained by the SAC for 24
months. Entries in the log older than 24 months may be purged from the record.

377.5 BASE STATION AND RADIO LOG


Regional offices are not required to maintain logs of routine radio traffic. However, in the event
of a disaster, agent-involved shooting, or any emergency situation, the supervisor or agent in
charge at the scene will assign an agent to maintain a written record of all radio traffic as long
as the emergency is in progress. Procedures directed by the Critical Incident Manual will be
followed thereafter.

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These logs will be maintained for one year following the date of the incident or longer if needed
for criminal or civil actions.

377.6 SIGN-OUT PROCEDURE FOR AGENTS


Each regional office will establish a procedure to show temporary absences of agents from the
regional office. The agent's name, time of departure, destination, and estimated time of return
will be shown.

377.7 BULLETIN BOARDS


All offices will provide and maintain bulletin boards for general office use and for the use of
appropriate bargaining units according to the provisions contained in current agreements.

377.8 OFFICE FILES


Each regional office and task force office will maintain, at a minimum, the following types of files:

Administrative

Fugitive

Informant (refer to Policy 608)

Investigative

Disposition

Firearms Qualification*

Vehicle*

Security

Training (refer to Policy 1026)

Personnel (refer to Policy 1026)

Operational Plans (refer to Policy 405)

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*Task forces need not maintain vehicle files and are exempt from maintaining Firearms
Qualification and Personnel files if those files are maintained by the task force employee's
parent agency.

377.8.1 ADMINISTRATIVE FILE


This file will contain all matters which are not assigned an investigative number such as general
correspondence, memoranda or letters exchanged between other officials and agencies relating
to general matters, equipment documentation, and records pertaining to the administration of
the office. Correspondence with respect to special cases, such as conflicts of interest, or
individuals will be filed in the appropriate investigative file.

377.8.2 FUGITIVE FILE


A bureau fugitive is an individual who is the subject of a bureau investigation, a warrant exists
for his/her arrest, and efforts to locate the suspect for purposes of arrest have been
unsuccessful. A suspect who has been arrested but who fails to appear in court (FTA) is no
longer a bureau fugitive, but is a court fugitive. It is not the policy of the DLE to keep files or
conduct semi-annual checks on court fugitives; however, a regional or task force office may
track court fugitives if so desired. If FTAs are tracked, these fugitives will be documented
utilizing the procedures outlined in this section.

Each regional office and regional task force office will maintain a file of fugitives wanted by that
office. It is the responsibility of the primary case agent to assemble a fugitive file as soon as it is
determined that the fugitive cannot be located, and not later than 30 days after an un-executed
arrest warrant has been obtained. The fugitive file will contain the following:

a. Each DLE fugitive file will contain the following:

Name/Aliases.

Regional office or regional task force investigation number.

CII number.

Warrant number.

County from which issued.

Date of warrant.

Charges/violations.

Physical description.

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b. Each BMFEA fugitive file will contain the following:

Completed Fugitive History Form (only initialed once, when the file is first assembled
and reviewed).

Photographs of the fugitive together with notation of the source of the photographs,
the dates the photographs were created, the reasons to believe the photographs
depict the fugitive, the name of the person who obtained the photographs, whether
the photographs were ever used to make a positive identification, and if so, how the
positive identification was verified.

DMV and Operator License Number printouts.

Arrest warrant abstract.

Criminal complaint.

Signed arrest warrant declaration.

Wanted Persons System (WPS) printout showing the active arrest warrant.

Handwriting exemplars. Sources may include documents from evidence or a


signature from a valid driver license. The exemplars will include a notation
identifying the person who obtained them.

Evidence property sheets showing the location of seized evidence and case
materials in storage.

Reports from the Consolidated Criminal History Reporting System, the Immigration
and Naturalization Service (INS), Immigration and Customs Enforcement (ICE), and
Criminal Identification and Information (CII).

When photographs, DMV printouts, or handwriting exemplars are not available, the
primary case agent will document this fact in the fugitive file and provide an
explanation.

The assembled file shall be routed to the SAC via the supervisor for approval. Once
the SAC has approved the file, the primary case agent shall ensure that all
documents in the file are duplicated in .pdf format (many will already exist in that
format in ProLaw) and dragged-and-dropped into ProLaw under the Arrest Warrant
Issued - Outstanding docket event.

The DLE SAC/TFC or BMFEA primary case agent will ensure that semi-annual checks are
conducted through the Wanted Person System for the status of the warrant(s) and through DMV
for current driver license status and residence addresses. BMFEA will additionally check the

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Lexis-Nexis Person Locator and Choicepoint AutotrackXP Faces of the Nation - National
Comprehensive Report. A record of the semi-annual checks will be maintained in the fugitive
file, and a hard copy of the most recent teletype checks shall also be kept in the file. BMFEA
checks will be documented on the Fugitive Due Diligence Records Check form, provided to the
supervisor and SAC for review, and then duplicated in .pdf format and posted in ProLaw as a
Fugitive Status Check docket event.

All DLE bureau fugitives will be identified as such by the case agent in CIMS. Fugitives will be
automatically identified in the case pick lists, Supervisor Control Cards, and on the CIMS Case
Inquiry Report. Regional task force fugitives will be entered as fugitives in the Central Name
Index immediately after fugitive status is established.

The SAC/TFC will ensure that the fugitive status of suspects is canceled immediately after the
suspect is determined to no longer be a fugitive.

BMFEA fugitive files will be closed after six years, unless the supervisor and the DAG to whom
the case is assigned concur that the search should continue. In that event, the facts of the
agreement, the reasons supporting it, and the length of time the case is to remain open will be
documented in the fugitive file and in the notes section of the most recent Fugitive Status
Check docket event in ProLaw.

377.8.3 DLE INVESTIGATIVE FILE


Investigative files will be the repository for official documents relating to bureau and regional
task force investigations. These files will be maintained in each regional and task force office.
The following procedures apply to both bureau and task force investigative files:

a. File folder format:

1. The investigation file will consist of a manila folder with a pre-cut file tab.

2. The investigation number and name will be affixed to the file tab.

3. The folders will be filed in numerical order.

4. Documents will be secured in the folder using two-prong fasteners (Acco-type).

b. Investigation reports will be secured on the right side of the folder, with the most current
report on top. Supporting documents will be secured on the left side of the folder. If
attachments are voluminous documents, the information will be summarized in the report
and note the location of the documents. Asset Forfeiture documents, if any, may be
placed on the left side of the folder under a tab listing Asset Forfeiture, or in a separate
binder, divided by case number, maintained by the investigative auditor.

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c. The following documents will be maintained in the investigation file. If the original of a
document is needed as evidence, a copy will suffice for the file. All documents in the
investigation file are subject to defense discovery.

1. Required documents: Investigation reports, legal documents, search warrants,


affidavits, returns, arrest warrants, subpoenas for records (either issued or received),
laboratory results (chemical analysis, latent prints), official correspondence relating
to the investigation (letters, teletypes, requests for follow-up investigation), criminal
history records, property receipts, outside agency reports, fugitive documents,
hazardous waste hauler manifests.

2. Acceptable but not required: Working file documents, newspaper clippings, related
investigation reports, identification photographs.

3. Unacceptable: Evidence, photographs taken for evidentiary purposes, tape

cassettes, documents not related to the investigation, address books or other

personal non-evidence items belonging to the defendant(s).

d. Release of Information: Investigation reports contain information which, if misused, can


compromise an investigation or lead to harm of the individuals involved in the
investigation. SACs/TFCs will ensure that all employees in their office are aware of the
sensitive nature of investigative information to make certain that it is not used unlawfully
or made available to unauthorized persons. Penal Code 11140 et seq. prescribes
penalties for unauthorized furnishing and receiving of certain criminal records or
information. Confidential information is defined, in part, as information gathered by a law
enforcement agency for investigation of criminal activity or for law enforcement purposes
(Government Code 6254(f)).

1. Access to investigation reports is limited to:

Defendants and their attorneys through appropriate legal processes.

Members of criminal justice agencies on a "need-to-know" basis, in accordance


with Policy Manual 344.2.

Foreign country agencies on a "need-to-know" and a "right-to-know" basis in


certain cases, in accordance with Policy Manual 344.2.

2. Persons other than those listed above wishing to obtain copies of investigation
reports must submit a written request to the bureau. The information request shall
immediately be forwarded to the DLE Litigation Coordinator, who will ensure that the
release of information is accomplished in accordance with the Public Records Act
(Government Code 6250 et seq.) and Information Practices Act (Civil Code 1798
et seq.).

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3. Release of information to the news media concerning an investigation will be done in
accordance with Policy 346 and DOJAM 3300. If the release of the information
would endanger the safety of a person involved in the investigation or would
compromise the investigation, the information will not be released. The decision to
withhold information must have a legal basis, rather than unfounded opinion or
personal preference. The individual denying the release of information will report
such denial, through the chain of command, to the Bureau Chief and the Divisions
Public Information Officer.

377.8.4 BMFEA INVESTIGATIVE FILE


BMFEA shall utilize ProLaw for all case-related investigative files. ProLaw users have limited
access to the investigative file.

The following documents will be maintained in the investigation file. If the original of a
document is needed as evidence, a copy will suffice for the file. All documents in the
investigation file are subject to defense discovery:

a. Required - Investigation reports, legal documents, search warrants, affidavits, returns,


arrest warrants, subpoenas for records (either issued or received), laboratory results
(chemical analysis, latent prints), official correspondence relating to the investigation
(letters, teletypes, requests for follow-up investigation), criminal history records,
property receipts, outside agency reports, fugitive documents, hazardous waste hauler
manifests.

b. Acceptable - Working file documents, newspaper clippings, related investigation


reports, identification photographs.

c. Working File/Folder - A working file/folder can be maintained by the case Agent and
should contain the following:

1. A copy of the complaint that initiated the investigation, including all material
submitted by complainant.
2. Documents to identify all suspects, such as DMV photo, CDL, CII rap sheets,
corporate papers, or licensing information.
3. All laws, rules and regulations, Medi-Cal bulletins, or other information
regarding possible criminal or civil charges that may be considered for filing a
complaint.
4. Working evidence copies.
5. All field reports, sequentially numbered.

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377.8.5 FIREARMS QUALIFICATION FILE
Each Rangemaster will maintain a file of firearms qualification records to document the
qualification and proficiency of all agent personnel. Prior to placement in the file, all firearms
qualification records will be reviewed and initialed by the SAC.

377.8.6 VEHICLE FILE


A separate file will be maintained on each vehicle assigned to a regional office/lab and its
employees. Each file will contain a description of the vehicle, an extra set of keys, the E
number, undercover license plate number (if applicable), any out-of-state license plate numbers
assigned to the vehicle, copies of all repair orders and recall notices, and any other documents
that will create a history of the performance of the vehicle. Copies of accident reports will be
kept in regional office vehicle files; they will not be kept in personnel files.

377.8.7 SECURITY FILE


Each regional office/lab shall maintain an office security file, which shall be reviewed whenever
the office/lab is inspected. The security file should contain the following records:

Issuance of office keys, electronic door/gate cards, and alarm access codes.

Designated emergency/safety coordinators.

Alarm system tests.

Alarm response plan.

Call-out list.

Alarm monitoring company and local law enforcement responders.

Names of individuals with access to evidence vaults.

377.9 RECORD RETENTION


Regional managers and supervisors of task forces shall be responsible for ensuring that all
documents and information in their offices and respective off-site offices (i.e. narcotic task
forces, labs, storage locations, etc.) that are no longer needed in the normal course of business
are properly retained or destroyed in accordance with the Departments records management
policy found in Administrative Bulletin 10-17 and DOJAM 04200 et seq., the information
security policy found in SAM 5300, and the record retention requirements in SAM 1600-
1695. Documents should be retained in accordance with each bureaus established retention

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schedules. Recommended retention periods for various types of records and information may
be found on the DGS Web site at http://www.osp.dgs.ca.gov/recs/49gut2.htm.

Before any investigative files may be destroyed, approval must be obtained by submitting to
bureau headquarters a list of the investigation numbers and subject names associated with the
files that are due to be purged.

377.9.1 CONFIDENTIAL DESTRUCTION


Confidential information may be destroyed using one of the following methods:

a. A mobile document destruction company may dispose of materials at the business


location.

1. If this service is used, the items shall be destroyed in the presence of two DOJ
witnessing personnel. These witnesses shall be of the classification of supervisor or
above, and shall be present to observe and control all movement of the items until
destruction has been completed. No items shall be taken off site for destruction by
the document destruction company. The witnessing personnel shall keep a log
noting the type of documents destroyed, the amount or weight of the documents to
be destroyed, the name/address of the confidential destruction company, witnesses,
and date of the destruction. This log shall be retained by the SAC/Laboratory
Manager for a period of two years.

b. Shredding machines may be used by staff.

1. If this method of destruction is used, the shredder shall reduce the material to a state
wherein its information cannot be recovered. The use of a cross-cut shredder that
reduces the material to pieces no larger than (1/32" x 7/16") shall be used.

2. An office or laboratory wishing to purchase a shredder must comply with DOJAM


04227 in addition to obtaining bureau headquarters approval.

c. DLE Headquarters offices may deliver confidential material to be destroyed to the DAS
Central Services Warehouse for destruction. These items shall be placed in a taped and
sealed box and given directly to DAS personnel who will immediately place them in a
secure area prior to destruction. These boxes shall not be placed in the office hallways
for DAS pick up.

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379 Not subject to disclosure due to agent safety concerns

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379.8.3 MOTION SENSORS
The alarm system must meet the following motion sensor requirements:

a. Motion sensors to cover 100 percent of office area, hallways, entry doors and other
areas which are identified as necessary, i.e., equipment room, armory and file room.

b. Motion sensors shall have the following features:

1. Infrared

2. Microwave

Exceptions: Regional managers of facilities occupied on a 24-hour basis may request an


exemption from the Bureau Chief for the portion of the office which is occupied on the 24-hour
basis.

379.8.4 EVIDENCE VAULT/ARMORY


Evidence Vault/Armory Requirements:

a. Activation and deactivation must be a separate zone from the main office alarm.

b. There must be a separate alarm pad to activate and deactivate the vault alarm.

c. The perimeter alarm must be programmed to prohibit arming unless the vault is armed.

d. There must be three layers of access:

1. Electronic keyless entry (key pad).

2. One of the following two options:

a. An electronic key card/card reader system (recommended), or

b. A mechanical cipher lock or dead bolt with a 1" bolt that:

1. Must meet UL437 high-security standard.

2. Must meet ANSI A156.5-1992 grade 1 standards.

3. Must have a 6-pin tumbler high-security cylinder.

4. May not be approved by some fire marshals.

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3. A touch pad to activate and deactivate vault alarm inside of the vault.

e. The vault/armory must have a separate entry log from the perimeter alarm.

f. There shall be shock sensors in all vault/armory walls.

g. There shall be a hidden closed circuit camera in the vault/armory which must meet the
following standards:

1. Separate wiring from the alarm system.

2. Motion activated for recording/24 hour of real time recording.

3. Time and date stamp video recording.

4. Wired directly to the regional managers office or other secure location accessible
only to the regional manager or designee.

5. Recorder secured in a locked location or cabinet.

6. Camera with a wide angle lens and a variable iris for low light conditions.

7. Camera placed to record the entry door and as much of the vault/armory area as
possible.

h. The vault/armory door must meet all of the following specifications:

1. Steel frame.

2. Steel covered solid core with a three-hour fire rating.

3. Security hinges.

4. Locks which shall be separated by a minimum of 18" (See attached diagram).

5. A metal plate of a minimum 1/4" thickness covering any exposed bolt.

i. Interior lights operated by a motion sensor to activate when the door is opened. A switch
will be used to maintain the lights on while working in the vault/armory.

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379.8.5 ENTRY AND EXIT AVENUES
All doors and other means to enter or exit a regional office/lab, including windows, doors, patios,
and roof access, must be alarmed. Main avenues of entry and exit must be equipped with an
emergency exit system in the event of a fire or disaster.

All main entries must act as emergency exits and must be equipped with the following:

a. Contact sensors

b. Motion sensors

c. Keyless entry

379.8.6 EXTERIOR DOOR LOCKS


All exterior doors shall be equipped with locking hardware which is "fail secure." Fail secure
means that when the power is interrupted, the door remains in the locked position. Magnetic
door hardware is not acceptable for any exterior door or any other door leading into the regional
office/lab.

379.8.7 WINDOWS
All windows shall be covered by motion sensors. In addition, all ground floor or easily-
accessible windows shall be equipped with shock/breakage sensors.

379.8.8 ROOF ACCESS


All roof accesses shall be alarmed with contact sensors. The door into the office from the roof
access shall be covered by a motion sensor.

379.8.9 KEYLESS ENTRY SYSTEM


The keyless entry system is a door lock system which is activated or deactivated with an access
card. With individually assigned access cards, access to the office and specific areas within the
office can be controlled and monitored.

a. All offices shall be equipped with a keyless entry system which includes:

1. Individual key cards which identify the specific user.

2. The keyless entry system shall be separate from the alarm system, but may be
monitored through the same system.

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3. Minimum 72-hour battery backup if power is interrupted.

b. The following areas shall be equipped with keyless entry:

1. All exterior doors.

2. Evidence vault.

3. Equipment room.

4. Armory.

5. Any door through which access can be gained into the regional office/lab, such as an
interview room with a door leading into the main office area.

6. Any area identified by the regional manager as needing controlled access and
approved by the Bureau Chief.

379.9 CLOSED CIRCUIT VIDEO

379.9.1 DIGITAL VIDEO RECORDER


The regional manager or designee is responsible for maintaining the video recording for the
closed circuit cameras in the evidence vault and armory, as well as reviewing the video recorder
images whenever there is an evidence or armory vault security issue. The Property
Controller/Evidence Custodian may not act as the designee. In the event a recording contains
evidence which may be used in a pending administrative or criminal case, the regional manager
or designee will be responsible for ensuring the recording is copied and maintained until such
time as the matter is resolved.

379.9.2 VIDEO TAPE RECORDER


The regional manager or designee is responsible for maintaining and changing the video tapes
for the closed circuit cameras in the evidence vault and armory, as well as reviewing the video
recorder images whenever there is an evidence or armory vault security issue. The Property
Controller/Evidence Custodian may not act as the designee. Video tapes shall be changed once
a week or when full, whichever occurs first. The closed-circuit video camera tapes will be
marked with the inclusive dates and maintained secured in the possession of the regional
manager for one year. After the one-year period, the tapes may be recycled. In the event a tape
contains evidence which may be used in a pending administrative or criminal case, the tape will
be maintained until such time as the matter is resolved.

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380 Child Safety Policy

380.1 PURPOSE AND SCOPE


The California Department of Justice recognizes that children who are subjected to traumatic
events, such as the arrest of a parent or guardian, may experience negative emotional effects
that can last throughout the lifetime of the individual. After such an event the child may not
receive the appropriate care, which can lead to further emotional or physical trauma. This policy
is intended to provide guidelines for agents to take reasonable steps to minimize the impact to
the child when it becomes necessary to take action involving the childs parent or guardian
(Penal Code 833.2(a)).

380.1.1 POLICY
It is the policy of this department to mitigate, to the extent reasonably possible, the stressful
experience children may have when their parent or caregiver is arrested. The California
Department of Justice will endeavor to create a strong cooperative relationship with local, state
and community-based child social services to ensure an effective, collaborative response that
addresses the needs of affected children.

380.2 PROCEDURES DURING AN ARREST


When encountering an arrest situation, agents should make reasonable attempts to determine if
the arrestee is responsible for minor dependent children. In some cases this is obvious, such as
when children are present. However, agents should inquire if the person has any other
dependent minor children who are without appropriate supervision. The following steps should
be taken (Penal Code 13517.7(b)(1)):

a. Inquire about and confirm the location of any dependent minor children.

b. Look for evidence of children. Agents should be mindful that some arrestees may
conceal the fact that they have dependent children for fear their children may be taken
from them.

c. Inquire of witnesses, neighbors, friends and relatives of the arrestee as to whether the
person is responsible for a dependent child.

Whenever possible, agents should take reasonable steps to accomplish the arrest of a parent or
guardian out of the presence of his/her child. Removing children from the scene in advance of
the arrest will generally ensure the best outcome for the child.

Whenever it is safe to do so, agents should allow the parent to assure children that they will be
provided care. If this is not safe or if the demeanor of the in-custody parent suggests this

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conversation would be nonproductive, the agent at the scene should explain the reason for the
arrest in age-appropriate language and offer reassurance to the children that both parent and
children will receive appropriate care.

380.2.1 AFTER AN ARREST


Whenever an arrest is made, the agent should take all reasonable steps to ensure the safety of
the arrestees disclosed or discovered, dependent minor children.

Agents should allow the arrestee reasonable time to arrange for care of minor children.
Temporary placement of the child with family or friends may be appropriate. However, any
decision should give priority to a childcare solution that is in the best interest of the child.
In such cases the following guidelines should be followed:

a. Allow the person reasonable time to arrange for the care of minor children with a

responsible party, as appropriate.

1. Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe
environment), agents should respect the parents judgment regarding arrangements
for child care. It is generally best if the child remains with relatives or family friends
the child knows and trusts. Consideration regarding the childs familiarity with the
surroundings, comfort, emotional state and safety should be paramount.

2. Except when a court order exists limiting contact, the agent should attempt to locate
and place dependent children with the non-arrested parent or guardian.

b. Provide for the immediate supervision of minor children until an appropriate caregiver
arrives.

c. Notify Child Protective Services (CPS) if appropriate, including but not limited to
whenever the agent has reasonable cause to believe minor children are in immediate
danger of physical and/or sexual abuse or are in a dangerous environment.

1. In the event minor children are referred to the care of CPS, the person(s) from whose
custody the children were removed shall not have the authority to determine where
the children will be temporarily placed. This placement shall be determined by CPS
personnel.

2. If the minor children were discovered in danger, agents shall ensure that both CPS
and local district attorney personnel are provided with the appropriate documentation
to support child endangerment charges.

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3. In all cases where minor children may have been exposed to toxic chemicals, agents
shall advise CPS personnel of the possible exposure and request that CPS arrange
a medical evaluation of each child as soon as possible.

d. Notify the field supervisor or SAC of the disposition of minor children.

If children are at school or at a known location outside the household at the time of arrest, the
arresting agent should attempt to contact the school or other known location and inform the
principal or appropriate responsible adult of the parents arrest and of the arrangements being
made for the care of the arrestees children, and then record the result of such actions in the
associated report.

380.2.2 DURING THE BOOKING PROCESS


During the booking process the arrestee shall be allowed to make additional free local phone
calls to relatives or other responsible individuals as is reasonably necessary to arrange for the
care of any minor dependent child. These phone calls shall be given immediately upon request
or as soon as practicable and are in addition to any other phone calls allowed by law (Penal
Code 851.5(c)).

380.2.3 REPORTING
For all arrests where children are present or living in the household, the reporting employee will
include information about the children, including names, gender, age and how they were placed.
The agent shall document, by written report, photography and, if possible, video, any neglect
and/or abusive circumstances to which the minor children have been exposed, including the
proximity and accessibility of drugs, drug paraphernalia, weapons, and/or sexually explicit
material.

In all cases where minor children are found in a dangerous environment, the SAS shall ensure
that agent collect and document data on resident minor children on a Care of Minor Fact Sheet
(DLE 203) form, and that the completed DLE 203 form is forwarded to the SAC at BI
Headquarters within ten (10) working days of finding minor children in a dangerous
environment.

380.3 CHILD WELFARE SERVICES


Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any
dependent minor children, the handling agent should consider taking children into protective
custody and placing them with the appropriate county child welfare service or other department-
approved social service (Welfare and Institutions Code 305).

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Only when other reasonable options are exhausted should a child be transported to the
bureaus facility, transported in an agents vehicle or local agencys marked patrol car, or taken
into formal protective custody.

Under no circumstances should a child be left unattended or without appropriate care.

380.4 TRAINING
The Training Officer is responsible to ensure that all personnel of this department who may be
involved in arrests affecting children participate, on a timely basis, in a POST-approved course
on effective child safety when a parent or guardian is arrested (Penal Code 13517.7). Training
information shall be entered into the employees ATRS.

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382 Service Animals
382.1 PURPOSE AND SCOPE
Service animals play an important role in helping to overcome the limitations often faced by
people with disabilities. The California Department of Justice recognizes this need and is
committed to making reasonable modifications to its policies, practices, and procedures in
accordance with Title II of the Americans with Disabilities Act of 1990 (ADA) to permit the use of
service animals that are individually trained to assist a person with a disability.

382.2 SERVICE ANIMALS


The ADA defines a service animal as any dog or miniature horse that is individually trained to do
work or perform tasks for the benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a
service animal must be directly related to the owner's disability (28 CFR 35.104).

California expands the definition of a service animal to include other animals that are individually
trained to provide assistance to an individual with a disability (Healthy and Safety Code
113903).

382.2.1 USE OF SERVICE ANIMALS


Some service animals may be readily identifiable. However, many do not have a distinctive
symbol, harness or collar. Service animals are not pets and may be trained by an individual or
organization to assist people with disabilities.

The following examples are some of the ways service animals may be used to provide
assistance:

Guiding people who are blind or have low vision.


Alerting people who are deaf or hard of hearing.
Retrieving or picking up items, opening doors or flipping switches for people who have
limited use of their hands, arms or legs.
Pulling wheelchairs.
Providing physical support and assisting with stability and balance.
Doing work or performing tasks for persons with traumatic brain injury, intellectual
disabilities or psychiatric disabilities, such as reminding a person with depression to take
medication.
Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation
to calm a person with post-traumatic stress disorder, assisting people with schizophrenia
to distinguish between hallucinations and reality, and helping people with Traumatic
brain injury to locate misplaced items or follow daily routines.

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382.3 EMPLOYEE RESPONSIBILITIES
Service animals that are assisting individuals with disabilities are permitted in all public facilities
and areas where the general public is allowed. Department members are expected to treat
individuals with service animals with the same courtesy and respect that the California
Department of Justice affords to all members of the public.

If an animal exhibits vicious behavior, poses a direct threat to the health of others or
unreasonably disrupts or interferes with normal business operations the employee may direct
the partner/handler to remove the animal from the premises. Barking alone is not a threat nor
does a direct threat exist if the partner/handler takes prompt, effective action to control the
animal. Each incident must be considered individually and past incidents alone are not cause for
excluding a service animal. Removal of a service animal may not be used as a reason to refuse
service to an individual with disabilities and members of this department are expected to provide
all services as are reasonably available to the individual with the disability.

If it is apparent or if the employee is aware the animal is a service animal, the handler/partner
should not be asked any questions as to the status of the animal. If it is unclear whether an
animal meets the definition of a service animal, the agent should ask the individual only the
following questions:

Is the animal required because of a disability?

What task or service has the service animal been trained to perform?

If the individual explains that the animal is required because of a disability and has been trained
to work or perform at least one task the animal meets the definition of a service animal and no
further question as to the animals status should be asked. The person should not be asked
questions about his/her disabilities nor should the person be asked to provide any license,
certification or identification card for the service animal.

Service animals are not pets. Employees should not interfere with the important work performed
by a service animal by talking to, petting or otherwise initiating contact with a service animal.

If the partner/handler should be taken into custody, the local law enforcement agency having
jurisdiction shall take charge of the service animal.

382.4 INQUIRIES AND COMPLAINTS


Under the Americans with Disabilities Act, people with disabilities have the right to be
accompanied by service animals in all public areas and the California Department of Justice
considers interference with or denial of this right by any member of this Department to be a

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serious violation of this policy. Complaints alleging violations of this policy against any
department employee will be promptly investigated and should be referred to the PSG.

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383 Honor Guard

383.1 PURPOSE AND SCOPE


The mission of the Honor Guard is to provide a visible, uniformed representation that is capable
of performing ceremonial functions for the Division.

383.1.1 ESTABLISHMENT
In 1999, the DLE acknowledged the need for visual recognition of employees at special
functions, including funerals, memorial ceremonies, academy graduations, recruiting fairs, and
other functions deemed significant by DLE and the Attorney General.

In 2001, the Director presented the DLE Honor Guard to the California Attorney General,
formally placing the ceremonial unit into service.

383.1.2 COMPOSITION
The uniformed Honor Guard consists of SAs and SASs assigned from various regional offices
throughout the state. The maximum number of members shall be at the discretion of the
Director, and is based on current and anticipated demand for Honor Guard services during
formal and informal deployments. The Honor Guard consists of (1) Honor Guard Executive
Liaison to the Director, (1) Honor Guard Commander, (2) Honor Guard Adjutants, (2) Team
Leaders, (2) Assistant Team Leaders, and general Honor Guard membership.

383.1.3 SELECTION
When the opportunity is advertised, those SAs and SASs interested in becoming a member of
the Honor Guard shall submit memoranda and resumes requesting assignment to the Honor
Guard via the chain of command through their Bureau Chief to the Honor Guard Selection
Committee. Each level of the chain of command may endorse the applicants suitability to serve
as a member of the Honor Guard. Whether endorsed at each level or not, all memorandums
shall be forwarded to the Selection Committee. The Selection Committee will review the
memorandums and make recommendations to the Director as to the suitability of each
applicant. The Director shall make the final decision as to who is selected to be a member of the
Honor Guard. The Selection Committee shall consist of the Honor Guard Executive Liaison,
Honor Guard Commander, Honor Guard Adjutants, and one Team Leader or Assistant Team
Leader.

There is a minimum mandatory three-year commitment for those individuals selected to serve
on the Honor Guard. Depending on new interest and the naturally occurring rotation out of the
Honor Guard (retirements, promotions, etc.), there may be a maximum term limit initiated at a
later date.

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SASs and SAs requesting assignment to the Honor Guard shall present a general appearance
which projects a favorable image on behalf of the Division. Honor Guard members shall be able
to conform to military type grooming standards as defined in the Honor Guard Manual when
called upon to represent DOJ, be in good physical condition, and maintain a uniform and
accouterments in excellent condition. The applicant shall be an example to others in regard to
their honor, service, integrity, teamwork, and excellence; therefore, the applicant shall not be the
subject of a pending disciplinary investigation. Further, for a period including the past three
years, the applicant shall have received a minimum rating of "standard" in each of the
Qualification Factors included in the Report of Performance for Probationary Employees and/or
a minimum rating of "standard" in each of the Critical Tasks included in the Special Agent,
Range A, B, and C Performance Report and/or a minimum of "standard" in each of the Critical
Tasks in the SAS Performance Report.

Failing to maintain a favorable general appearance, failing to work cohesively within the Honor
Guard, partaking in any activity which may bring discredit to DLE, and failing to maintain
standard performance levels as outlined above are all grounds for suspension and/or
termination from the Honor Guard. Any formal disciplinary action or informal corrective action
taken by the department may be grounds for suspension and/or termination from the Honor
Guard. Informal corrective action includes a corrective interview, corrective memorandum, or
being placed on a work improvement plan to correct a job deficiency. Formal discipline includes
a formal letter of reprimand, suspension without pay, reduction of pay within the class, or
demotion to a lower class. The decision to suspend and/or terminate a member from the Honor
Guard shall be made by the Director.

383.2 DEPLOYMENT
Honor Guard deployment is based on the type of function in need of DLE representation. All
deployments require approval by the Director. A formal deployment shall occur when an active
member of the DOJ is killed in the performance of his/her duties. A formal deployment shall
consist of sufficient Honor Guard personnel, as determined by the Honor Guard Commander, to
fulfill the requested mission. All other requests for Honor Guard participation are considered
informal, unless authorized by the Director. An informal deployment shall consist of a minimum
of two Honor Guard members.

All requests for deployment must be submitted through the Honor Guard Executive Liaison,
Honor Guard Commander, or Honor Guard Adjutants.

383.3 MISSIONS
The Honor Guard is capable of completing the following missions (below are the
minimum/maximum numbers of Honor Guard members required for each mission):

Color Guard (4 to 6)

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Flag presentations (4 to 6)

Pallbearers (6 to 7)

Gun salutes (7 to 8)

Escorts (2 to 8)

Ceremonial Presentation/Memorial Services - Funerals, California Peace Officer

Memorial, National Peace Officer Memorial, etc (2 to 20)

California Attorney General's Annual Awards Ceremony (2 to 20)

Academy graduations (5 to 6)

Job Recruitment Fairs (2 to 6)

Civic events and State affairs (2 to 20)

Other official functions (2 to 20)

Funerals - Line of Duty Death (18 to 20)

DLE representation at funeral services is a desirable manner of expressing respect and


bereavement for the decedent and extending sympathy toward the surviving family and close
associates. The Adjutant to the Director will be the liaison between the Division and the family in
order to coordinate information and services.

When an active member (sworn or non-sworn) of DOJ dies, and the decedent's family requests
DLEs presence, a formal deployment may be authorized at the direction of the Director.

When a retired member (sworn or non-sworn) of DOJ dies, and the decedent's family requests
DLE assistance, an informal deployment may be authorized. Such a request shall be processed
through the Honor Guard Commander. A formal deployment may occur with authorization from
the Director.

When an allied law enforcement officer dies, the SAC of the regional office serving the area
where the officer died may request an informal deployment through the Honor Guard
Commander. The members of the Honor Guard shall preassemble with the plain clothes
contingent of DOJ personnel at a predetermined location. From this assembly point, the entire
group shall proceed to the funeral/memorial location.

383.4 TRAINING
All members shall train together bi-annually at a location convenient for DOJ and Honor Guard
members. The bi-annual training shall last for no longer than 16 hours.

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Additionally, the North and South teams shall train individually on a bi-monthly basis. The bi-
monthly training shall last no longer than four hours.

383.5 UNIFORMS
One complete uniform and accouterments shall be issued to each member of the Honor Guard
Detail. Members shall not make any changes or additions to the uniform and/or accouterments.
Maintenance of the uniform and accouterments is the responsibility of each team member.
Uniforms and accouterments shall be maintained in impeccable condition. Dry cleaning costs
can be reimbursed through the Travel Expense Claim process. A receipt shall accompany the
claim.

383.6 TRANSFERS
In the event that an Honor Guard member transfers to an area where there are no Honor Guard
member vacancies, the member may be required to resign his/her position and turn in his/her
uniform, accouterments, and all other equipment to the Honor Guard Commander. In the event
that an Honor Guard member transfers to another Division, a mutual agreement shall be sought
to retain the member's services. The agreement shall be between the Director and the director
of the division to which the member is transferring.

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384 Volunteer Program

384.1 PURPOSE AND SCOPE


It is the policy of this department to use qualified volunteers for specified tasks and duties in
order to create efficiencies for the Department and improve services to the community.
Volunteers are intended to supplement and support, rather than supplant, sworn agents and
civilian personnel. Volunteers can be an important part of any organization and are proven to be
a valuable asset to law enforcement agencies. Volunteers help to increase departmental
responsiveness, delivery of services and information input, and provide new program
opportunities. In addition, volunteers bring new skills and expertise to the Department and
prompt new enthusiasm.

Refer to DOJAM 062111-062118 for the Departments complete Volunteer Services policy.

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385 Not subject to disclosure due to agent safety concerns

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386 Off-Duty Law Enforcement Actions


386.1 PURPOSE AND SCOPE
The decision to become involved in a law enforcement action when off-duty can place an agent
as well as others at great risk and must be done with careful consideration. This policy is
intended to provide guidelines for agents of the California Department of Justice with respect to
taking law enforcement action while off-duty.

386.2 POLICY
Initiating law enforcement action while off-duty is generally discouraged. Agents should not
attempt to initiate enforcement action when witnessing minor crimes, such as suspected
intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly
reported to the appropriate law enforcement agency.

Agents are not expected to place themselves in unreasonable peril. However, any agent of this
department who becomes aware of an incident or circumstance that he/she reasonably believes
poses an imminent threat of serious bodily injury or death, or significant property damage may
take reasonable action to minimize the threat.

When public safety or the prevention of major property damage requires immediate action,
agents should first consider reporting and monitoring the activity and only take direct action as a
last resort.

386.3 FIREARMS
Agents of this department may carry firearms while off-duty in accordance with federal
regulations and department policy. All firearms and ammunition must meet guidelines as
described in Policies 312 (Firearms) and 432 (Shoulder Weapons), as appropriate. When
carrying firearms while off-duty, agents shall also carry their Department-issued badge and
identification.

Agents should refrain from carrying firearms when the consumption of alcohol is likely or when
the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried
by any agent who has consumed an amount of an alcoholic beverage or taken any drugs that
would tend to adversely affect the agents senses or judgment.

386.4 DECISION TO INTERVENE


There is no legal requirement for off-duty agents to take law enforcement action. However,
should agents decide to intervene, they must evaluate whether the action is necessary or
desirable, and should take into consideration the following:

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a. The tactical disadvantage of being alone and the fact there may be multiple or hidden
suspects.

b. The inability to communicate with responding units.

c. The lack of equipment, such as handcuffs, OC or baton.

d. The lack of cover.

e. The potential for increased risk to bystanders if the off-duty agent were to intervene.

f. Unfamiliarity with the surroundings.

g. The potential for the off-duty agent to be misidentified by other peace officers or

members of the public.

Agents should consider waiting for on-duty uniformed officers to arrive, and gather as much
accurate intelligence as possible instead of immediately intervening.

386.4.1 INTERVENTION PROCEDURE


If involvement is reasonably necessary, the agent should attempt to call or have someone else
call 9-1-1 to request immediate assistance. The operator should be informed that an off-duty
agent is on-scene and should be provided a description of the officer if possible.

Whenever practicable, the agent should loudly and repeatedly identify him/herself as an agent
of the California Department of Justice until acknowledged. Official identification should also be
displayed.

386.4.2 INCIDENTS OF PERSONAL INTEREST


Agents should refrain from handling incidents of personal interest, (e.g., family or neighbor
disputes) and should remain neutral. In such circumstances agents should call the responsible
agency to handle the matter.

386.4.3 CIVILIAN RESPONSIBILITIES


Civilian personnel should not become involved in any law enforcement actions while off-duty
except to notify the local law enforcement authority and remain at the scene, if safe and
practicable.

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386.4.5 REPORTING
Any off-duty agent who engages in any law enforcement activity, regardless of jurisdiction, shall
notify the SAC via the chain of command as soon as practicable. The SAC shall determine
whether a report should be filed by the employee.

Agents should cooperate fully with the agency having jurisdiction in providing statements or
reports as requested or as appropriate.

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Chapter 4 - Field Operations

402 Racial/Bias Based Profiling

402.1 PURPOSE AND SCOPE


Racial/biased policing undermines legitimate law enforcement efforts, alienates community
members and fosters community distrust. The California Department of Justice strives to
provide law enforcement services to our community with due regard to the racial and cultural
differences of those we serve. It shall be the policy and practice of this department to provide
law enforcement services and to enforce the law equally and fairly without discrimination toward
any individual(s) or group(s) of individuals because of their race, ethnicity, national origin,
gender, sexual orientation/identity, religion, socioeconomic status and/or age.

402.2 DEFINITION
Racial/bias-based profiling, for purposes of this section, is the practice of detaining a suspect
based on a broad set of criteria which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped (Penal Code 13519.4(e)). No
member of this department will engage in any enforcement activity that is based on a broad set
of criteria which casts suspicion on an entire class of people without any individualized
suspicion of the particular person being investigated.

402.3 POLICY
Personnel shall not consider race, ethnicity, national origin, gender, sexual orientation/identity,
religion, socioeconomic status and/or age in carrying out law enforcement activities, except
when seeking one or more specific persons who have been identified or described in part by
any of the above listed characteristics. In those circumstances, personnel may rely on these
characteristics only in combination with other appropriate factors.

It is biased policing if an agents decisions or actions are based on the fact that the individuals
demographics (e.g., race, income) are different from the demographics of the majority of those
who reside, work, conduct business or otherwise frequent the area in which the individual is
observed.

The practice of racial/bias-based profiling is illegal and will not be tolerated by this department
(Penal Code 13519.4(f)).

a. It is the responsibility of every member of this department to prevent, report, and

respond appropriately to discriminatory or biased practices.

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b. Every member of this department engaging in any law enforcement activity shall be
prepared to articulate sufficient reasonable suspicion to justify that activity independent
of the individuals race, ethnicity, national origin, gender, sexual orientation/identity,
religion, socioeconomic status and/or age.

1. To the extent that written documentation would otherwise be completed (e.g., arrest
report), the involved agent should include those facts giving rise to the agents
reasonable suspicion or probable cause for the contact.

2. Nothing in this policy shall require any agent to prepare documentation of a contact
that would not otherwise involve such reporting.

3. While the practice of racial/bias-based profiling is strictly prohibited, it is recognized


that race, ethnicity, national origin, gender, sexual orientation/identiy, religion,
socioeconomic status and/or age may be legitimately considered by an agent in
combination with other legitimate factors to establish reasonable suspicion or
probable cause (e.g., suspect description includes race in addition to other
descriptive factors, such as height, weight hair color, hair style, age, etc., and all
those factors considered together tend to identify the perpetrator more clearly than
race alone).

The California Department of Justice will investigate all complaints of alleged racial/bias-based
profiling complaints against its members. Employees found to be in violation of this policy are
subject to discipline in accordance with this departments disciplinary policy.

402.4 TRAINING
a. Agents of this department attend initial POST-approved training on the subject of racial
profiling during their basic academy.

b. All members of this department are encouraged to familiarize themselves with and
consider racial and cultural differences among members of our community.

c. Each member of this department undergoing initial POST-approved training will


thereafter be required to complete an approved refresher course every five years, or
sooner if deemed necessary, in order to keep current with changing racial and cultural
trends (Penal Code 13519.4(i)).

1. DOJs racial profiling refresher course is presented in the form of a two-hour


interactive DVD developed by POST. Copies of the DVD are issued to each regional
office training coordinator.

2. The OD will assign the refresher course to all agents every five years via a
memorandum to the Bureau Chiefs. In order to receive credit from POST and comply

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with POST regulations, agents must complete the course and their training
coordinators must submit completed POST rosters to the ATC by the date specified
in the memorandum. The course shall be entered into each agents ATRS and
training file by the respective training coordinator.

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405 Enforcement Operations

405.1 PURPOSE AND SCOPE


This policy sets forth procedures applicable to field enforcement operations such as service of
search or arrest warrants, surveillance, and undercover operations. These procedures are
intended to ensure officer safety and the success of the operations.

405.2 OPERATION PLANS


Prior to conducting any planned field enforcement operation, the SAS/TFC will ensure that an
operation plan is completed and distributed to all participating personnel and the radio
dispatcher. In the case of ongoing surveillance operations, an operation plan will be prepared
each day of the surveillance, thereby ensuring that changes in personnel and circumstances are
documented. The SAS/TFC shall review, sign and date the operation plan prior to the operation.
The operation plan should include:

Case agent's name

Investigation number

Type of investigation (undercover buy, surveillance, search warrant, etc.)

List of involved personnel, radio numbers, agencies, and vehicle assignments

Suspect's name and description

Location of operation

Suspect's vehicle (make, model, color, and license number)

Description of undercover officer (including vehicle and license number)

Arrest signals (visual and verbal)

Radio frequency and channel

Special problems or considerations (weapons, fortifications, dogs, history of violence,


etc.)

Special instructions

Maps and/or sketches

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Required equipment

Location of nearest trauma center and/or hospital, with directions and map

Phone numbers of local law enforcement agencies

405.2.1 OPERATION PLAN FILE


Each regional office shall maintain a file entitled "Operation Plans." At the conclusion of each
field operation for which an operation plan is prepared, a complete copy of the operation plan
shall be placed in the file. Operation plans shall be arranged in chronological order, then by
case number, to easily cross-reference them to investigation files. The purge schedule for
operation plans is the same as for investigation files.

405.3 PRE-OPERATION BRIEFING


Prior to any planned field enforcement actions, a briefing shall be conducted by the SAS, case
agent, and/or local officer having thorough knowledge of the case, with all participating agents
and officers.

a. This briefing shall include a review of the operation plan, assignments of duties,
thorough identification and description of suspects and premises, a reading of the search
warrant (if any), and identification of all agents and/or officers who will participate in the
operation. Photographs of suspects and premises, when available, shall be distributed.

b. If the plan requires entry of a premises for the purpose of serving an arrest or search
warrant, participating personnel shall be reminded that a "knock and notice" is required
prior to entering the premises. One person shall be assigned to document the facts
relating to the entry. This includes, but is not limited to the name of the agent who
performed the "knock and notice," the exact words that were spoken by the agent, the
amount of time that elapsed before the door was opened (by the occupant(s) or by
force), and, if applicable, any exigent circumstances that created the need to
immediately force open the door.

c. If patrol units are to be used in security or back-up roles, those officers shall also be
briefed, in the field if necessary, so that they are aware of exactly what is taking place
and of the identity of the agents and officers who are involved.

d. The reporting agent shall document the following in the investigation report:

1. The time and date the briefing was held and the names and agencies of all persons
present.

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2. The facts relating to entry of a premises (see Section 344).

405.4 LOCAL AGENCY OFFICER


If the operation involves service of a search or arrest warrant, a uniformed officer from the local
agency having jurisdiction should be present during the service of the warrant for liaison
purposes.

405.5 DEBRIEFING
A debriefing shall be conducted following the conclusion of every field enforcement operation.
All personnel who participated in the operation shall be present for the debriefing, during which
any problems and safety issues that occurred during the operation shall be discussed.

405.6 PARTICIPATION IN JOINT ENFORCEMENT OPERATIONS


Agents participating in joint enforcement operations with other law enforcement agencies shall
at all times conduct themselves in compliance with Department and Division orders, rules, and
regulations.

405.6.1 WITHDRAWAL FROM JOINT ENFORCEMENT OPERATIONS


If agents, while working with other law enforcement agencies, find that officers are conducting
themselves in a manner or performing their duties in conflict with this department's orders, rules
or regulations, they shall, whenever possible, notify an SAS of the conflict before continuing to
participate in the assignment. If unable to contact an SAS, the senior agent at the scene may
terminate DLE's participation.

Within 24 hours of withdrawal from a joint enforcement operation, the responsible agent shall
submit a memorandum to the SAC via the SAS detailing the circumstances that led to
termination of DLE's involvement.

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406 Crime & Disaster Scene Integrity

406.1 PURPOSE AND SCOPE


The protection and integrity of a crime scene is of the utmost importance for the successful
apprehension of criminals and successful prosecution. The integrity of a disaster scene is
equally as critical for the protection of life and property and investigation by proper authorities.

406.2 CRIME SCENE RESPONSIBILITY


The first agent at the scene of a crime or major incident is generally responsible for taking
reasonable efforts to preserve the scene. Agents shall also consider officer safety and public
safety, including reasonable efforts to render medical aid to any obviously injured parties. Once
an agent has assumed or been assigned to maintain the integrity of the crime/disaster scene,
the agent shall continue to do so until he/she is relieved by a supervisor or the law enforcement
agency having jurisdiction in the area.

406.2.1 FIRST RESPONDER CONSIDERATIONS


The following list generally describes the steps which the first responder should reasonably
attempt to take at a crime or disaster scene. This list is not intended to be all-inclusive, is not
necessarily in order and may be altered according to the demands of each situation, the
availability of resources, capacity of personnel and totality of each circumstance:

a. Ensure no suspects are still in the area.

b. Broadcast emergency information, including all requests for additional assistance.

c. Provide first aid to injured parties if it can be done safely.

d. Evacuate the location as required.

e. Secure the inner and outer perimeter if needed.

f. Protect items of apparent evidentiary value.

g. Identify potential witnesses.

h. Start a chronological log noting critical times and personnel allowed access.

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406.3 SEARCHES AT CRIME OR DISASTER SCENES
Agents arriving at crime or disaster scenes are often faced with the immediate need to search
for and render aid to victims and determine if suspects are present and continue to pose a
threat. Once agents are satisfied that no additional suspects are present and/or there are no
injured persons to be treated, those exigent circumstances will likely no longer exist. Agents
should thereafter secure the scene and conduct no further search until proper authority for the
search is obtained.

406.3.1 CONSENT
Agents should obtain consent to search from authorized individuals where possible. However, in
the case of serious crimes or major investigations, it may be prudent to obtain a search warrant.
Consent may be sought even in cases where a search warrant has been granted.

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410 Ride-Along Policy

410.1 PURPOSE AND SCOPE


The Ride-Along Program provides an opportunity for citizens to experience the law enforcement
function first hand. This policy provides the requirements, approval process, and hours of
operation for the Ride-Along Program.

410.1.1 ELIGIBILITY
The California Department of Justice Ride-Along Program is offered to residents, students and
those employed within the State. Every attempt will be made to accommodate interested
persons; however, any applicant may be disqualified without cause.

The following factors may be considered in disqualifying an applicant and are not limited to:

Being under 15 years of age

Prior criminal history

Pending criminal action

Pending lawsuit against the Department

Denial by any supervisor

410.1.2 AVAILABILITY
The Ride-Along Program is available on most days of the week, with certain exceptions. The
ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as
approved by the Director, Bureau Chief, or SAC.

410.2 PROCEDURE TO REQUEST A RIDE ALONG


Generally, ride-along requests will be scheduled by the SAS. The participant will complete a
Waiver of Liability form (BNE 29). Information requested will include a valid ID or California
drivers license, address, and telephone number. If the participant is under 18 years of age, a
parent/guardian must be present to complete the BNE 29.

The SAS will schedule a date, based on availability, at least one week after the date of
application. If approved, a copy will be forwarded to the respective SAC as soon as possible for
his/her scheduling considerations.

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If the ride-along is denied after the request has been made, a representative of the Department
will contact the applicant and advise him/her of the denial.

410.2.1 PROGRAM REQUIREMENTS


Once approved, civilian ride-alongs will be allowed to ride no more than once every six months.
An exception would apply to the following: Chaplains, Reserves, bureau applicants, and all
others with approval of the SAC.

An effort will be made to ensure that no more than one citizen will participate in a ride-along
during any given time period. Normally, no more than one ride-along will be allowed in the
agents vehicle at a given time.

410.2.3 PEACE OFFICER RIDE-ALONGS


Off-duty members of this department or any other law enforcement agency will not be permitted
to ride-along with on-duty agents without the expressed consent of the SAC. In the event that
such a ride-along is permitted, the off-duty employee shall not be considered on-duty and shall
not represent themselves as a peace officer or participate in any law enforcement activity
except as emergency circumstances may require.

410.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK


All ride-along applicants are subject to a criminal history check. The criminal history check may
include a local records check and a Department of Justice Automated Criminal History System
check through CLETS prior to their approval as a ride-along with a law enforcement officer
(provided that the ride-along is not an employee of the California Department of Justice)
(CLETS Policies, Practices and Procedures Manual 1.6.1.D.3.).

410.3 AGENTS RESPONSIBILITY


Agents shall consider the safety of the ride-along at all times. Agents should use sound
discretion when encountering a potentially dangerous situation, and if feasible, let the participant
out of the vehicle in a well-lighted place of safety. The base station operator or agents
supervisor will be advised of the situation and, as soon as practical, have another bureau unit
respond to pick up the participant at that location. The ride-along may be continued or
terminated at this time.

The SAS is responsible for maintaining and scheduling ride-alongs. Upon completion of the
ride-along, the BNE 29 form shall be returned to the SAS with any comments offered by the
agent. The completed BNE 29 form shall be retained by the regional office for three years.

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410.4 CONTROL OF RIDE-ALONG
The assigned employee shall maintain control over the ride-along at all times and instruct
him/her in the conditions that necessarily limit their participation. These instructions should
include:

a. The ride-along will follow the directions of the agent.

b. The ride-along will not become involved in any investigation, handling of evidence,
discussions with victims or suspects, or handling any bureau equipment.

c. The ride-along may terminate the ride at any time and the agent may return the observer
to their home or to the station if the ride-along interferes with the performance of the
agents duties.

d. Ride-alongs may be allowed to continue riding during the transportation and booking
process provided this does not jeopardize their safety.

e. Agents will not allow any ride-alongs to be present in any residences or situations that
would jeopardize their safety or cause undue stress or embarrassment to a victim or any
other citizen.

f. Under no circumstance shall a civilian ride-along be permitted to enter a private

residence with an agent without the expressed consent of the resident or other

authorized person.

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412 Hazardous Material Response

412.1 PURPOSE AND SCOPE


Hazardous materials present a potential harm to employees resulting from their exposure.
Nothing in this policy is intended to supersede any component of the BFS Quality Management
System.

412.1.1 HAZARDOUS MATERIAL DEFINED


A hazardous material is a substance which by its nature, containment and reactivity, has the
capability of inflicting harm during exposure characterized as being toxic, corrosive, flammable,
reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly
managed.

412.2 HAZARDOUS MATERIAL RESPONSE


Employees may encounter situations involving suspected hazardous materials, such as at the
scene of a traffic accident, chemical spill, or fire. When employees come into contact with a
suspected hazardous material, certain steps should be taken to protect themselves and citizens.

The following steps should be considered at any scene involving suspected hazardous
materials:

a. Attempt to identify type of hazardous substance. (Identification can be determined by


placard, drivers manifest or statements from person transporting).

b. Notify the Fire Department.

c. Provide first-aid for injured parties if it can be done safely and without contamination.

d. Begin evacuation of immediate area and surrounding areas dependent on substance.


Voluntary evacuation should be considered however, depending on the substance,
mandatory evacuation may be necessary.

e. Notify the local health authority. Such notification is mandatory when a spilled or

released item is a pesticide (Health and Safety Code 10215).

f. Notify the Department of Toxic Substances Control. This is mandatory when comes in
contact with, or is aware of, the presence of a suspected hazardous substance at a site
where an illegal controlled substance is or was manufactured (Health and Safety
25354.5).

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412.3 REPORTING EXPOSURE(S)
Department personnel who believe that they have been exposed to a hazardous material shall
immediately report the exposure to a supervisor. Each exposure shall be documented by the
employee in an employee memorandum that shall be forwarded via chain of command to the
Bureau Chief. Should the affected employee be unable to document the exposure for any
reason, it shall be the responsibility of the notified supervisor to complete the memorandum.

Injury or illness caused or believed to be caused from exposure to hazardous materials shall be
reported the same as any other on-duty injury or illness as provided in DOJAM 06800 et seq.
in addition to a crime report or incident report.

412.3.1 SUPERVISOR RESPONSIBILITY


When a supervisor has been informed that an employee has been exposed to a hazardous
material, he/she shall ensure that immediate medical treatment is obtained and appropriate
action is taken to lessen the exposure.

To ensure the safety of employees, safety equipment is available through supervisory


personnel. Safety items not maintained by the Department will be obtained through the Fire
Department.

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414 Hostages and Barricaded Suspects
414.1 PURPOSE AND SCOPE
Hostage situations and barricaded suspects present unique problems for agencies. The
protection of the public and law enforcement personnel is of the utmost importance. Proper
planning and training will tend to reduce the risks involved with these incidents.

414.1.1 DEFINITIONS
Hostage - A person held by one party in a conflict as security so that specified terms will be met
by the opposing party.

Barricaded Suspect - A person who takes a position of cover or concealment or maintains a


position in a structure and who resists capture by law enforcement personnel. A barricaded
suspect may be armed or suspected of being armed.

414.2 HOSTAGE NEGOTIATIONS


Promises of immunity or leniency and payment of ransom demands are rarely effective and will
generally not be offered to barricaded suspects. Trained hostage negotiators, however, will be
permitted to exercise flexibility in each situation based upon the circumstances presented and
consistent with their training. The local, state or federal law enforcement agency having
jurisdiction in the location of the hostage situation shall take the lead in the negotiations.

Personnel involved in barricaded/hostage situations are urged to exercise patience and extreme
caution. The use of deadly force against any armed suspect will be governed by Policy Manual
300, with particular regard directed toward the safety of hostages.

414.3 FIRST RESPONDER RESPONSIBILITY


Until the Incident Commander has been designated, the first agent on the scene of an actual or
potential hostage/barricade situation shall consider the following:

a. Attempt to avoid confrontation in favor of controlling and containing the situation until the
arrival of trained personnel and/or trained hostage negotiation personnel

b. Notification of tactical and hostage negotiation personnel

c. Notification of appropriate persons within and outside the agency, such as command
officers, dog handlers, or helicopter pilots

d. Establishment of inner and outer perimeters

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e. Evacuation of bystanders and injured persons

f. Establishment of central command post and appropriate chain of command

g. Request for ambulance, rescue, fire and surveillance equipment

h. Authorization for news media access and news media policy

i. Pursuit/surveillance vehicles and control of travel routes

414.4 REPORTING
Unless otherwise relieved by a supervisor, the initial agent at the scene is responsible for
completion of reports or coordination of reports for the hostage/barricade incident.

If the Critical Event Response Plan is implemented, the DLE Incident Commander shall prepare
an After-Action Report summarizing the event.

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416 Response to Bomb Calls

416.1 PURPOSE AND SCOPE


These guidelines have been prepared to assist agents in their initial response to incidents
involving explosives, explosive devices, or explosion/bombing incidents. Under no
circumstances should these guidelines be interpreted as compromising the safety of first
responders or the public. When confronted with an incident involving explosives, safety shall
always be the primary consideration.

416.2 FOUND EXPLOSIVES/SUSPECT DEVICES


When an agent encounters a suspected explosive device, the following guidelines shall be
followed:

a. Call for assistance from the local agency bomb squad having jurisdiction at the location.

b. No known or suspected explosive item should be considered safe regardless of its size
or apparent packaging.

c. Secure the perimeter for a minimum of three hundred feet allowing for an entrance for
support personnel.

d. Relay as much initial information as possible to the SAC/SAS and local authorities
without touching the device, including:

1. The stated threat.

2. How made.

3. Exact comments.

4. Time.

5. Location.

6. Full description (e.g., size, shape, markings) of the device in question.

e. Do not touch or transport the device to any other location.

f. Do not transmit on any equipment that produces radio frequency energy within 300 feet.
This includes two-way radios, cell phones and other personal communication devices.

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Consideration should be given to the possibility for evacuation if a device is located
within a building.

g. Secure a perimeter around the suspected device.

h. Consideration for support personnel such as paramedics and Fire Department

personnel.

i. A search of the area should be conducted for secondary devices or other objects foreign
to the area.

j. Found explosive or military ordnance of any type should be handled only by the Bomb
Squad.

k. When in doubt, call for assistance from the Sheriffs Department Bomb Squad.

416.3 EXPLOSION/BOMBING INCIDENTS


When an explosion has occurred, there are multitudes of considerations which may confront the
responding agent. As in other catastrophic incidents, a rapid response may help to minimize
injury to victims, contamination of the scene by gathering crowds, or additional damage by
resulting fires or unstable structures. Whether the explosion was the result of an accident or a
criminal act, the responding agents should consider the following actions:

Assess the scope of the incident, including the number of victims and extent of injuries.

Assist with first aid (Fire Department has primary responsibility).

Assist with evacuation of victims (Fire Department has primary responsibility).

Identify and take appropriate precautions to mitigate scene hazards such as collapsed

structures, bloodborne pathogens, hazardous materials and secondary explosive

devices.

Request additional resources as needed.

Identify witnesses.

Preserve evidence.

416.3.1 NOTIFICATIONS
When an explosion has occurred, the following people shall be notified as soon as practicable if
their assistance is needed:

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a. Fire Department

b. Local agency Bomb Squad

c. Additional field agents (if requested by the local agency)

d. Bureau Chief

e. SAC

f. DLE Incident Commander

g. Bureau of Forensic Services, if necessary

416.3.2 CROWD CONTROL


No one should be allowed free access to the scene unless they have a legitimate and
authorized reason for being there.

416.3.3 SCENE OF INCIDENT


As in any other crime scene, steps should immediately be taken to preserve the scene. The
scene could be extended for several hundred feet. Evidence may be imbedded in nearby
structures or hanging in trees and bushes, etc.

416.4 BOMB THREATS RECEIVED AT A DOJ FACILITY


This procedure shall be followed should a bomb threat call be received at a DOJ facility.

416.4.1 BOMB THREATS RECEIVED BY TELEPHONE


The following questions should be asked if a call of a bomb threat is received at a DOJ facility:

When is the bomb going to explode?

Where is the bomb?

What kind of bomb is it?

What does it look like?

Why did you place the bomb?

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Who are you? (to avoid possible termination of the call, this should be the last question
asked)

Attempt to keep the caller on the line as long as possible and obtain expanded answers to these
five basic questions.

During this time, document the following:

Time of the call

Exact words of the person as accurately as possible

Estimated age and gender of the caller

Speech patterns and/or accents

Background noises

If the incoming call is received at the facility on a recorded line, steps shall be taken to ensure
that the recording is preserved in accordance with current division evidence procedures.

416.4.2 RESPONSIBILITIES
As soon as a bomb threat has been received, the SAC will be advised and fully informed of the
details. The SAC will immediately notify the CHP, then direct and assign agents as required for
coordinating a general building search or evacuation as he/she deems appropriate.

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418 Mental Illness Commitments

418.1 PURPOSE AND SCOPE


The following procedures apply to contacts with Welfare and Institutions Code 5150
detainees.

418.2 AUTHORITY
Welfare and Institutions Code 5150 provides:

"When any person, as a result of mental disorder, is a danger to others, or to himself or herself,
or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of
an evaluation facility designated by the county, designated members of a mobile crisis team
provided by Section 5651.7, or other professional person designated by the county may, upon
probable cause, take, or cause to be taken, the person into custody and place him or her in a
facility designated by the county and approved by the State Department of Mental Health as a
facility for 72-hour treatment and evaluation.

"Such facility shall require an application in writing stating the circumstances under which the
person's condition was called to the attention of the officer, member of the attending staff, or
professional person, and stating that the officer, member of the attending staff, or professional
person has probable cause to believe that the person is, as a result of mental disorder, a danger
to others, or to himself or herself, or gravely disabled. If the probable cause is based on the
statement of a person other than the officer, member of the attending staff, or professional
person, such person shall be liable in a civil action for intentionally giving a statement which he
or she knows to be false."

Taking a person into custody under these provisions does not constitute an arrest.

418.5 CONFISCATION OF FIREARMS AND OTHER WEAPONS


When an agent detains a person pursuant to Welfare and Institutions Code 5150, the agent is
required to confiscate all firearms and deadly weapons the person is found to own, possess, or
control (Welfare and Institutions Code 8102 (a)). A "deadly weapon" is any weapon prohibited
under Penal Code 12020 (Welfare and Institutions Code 8102 (e)).

Penal Code 1524 (a)(10) now provides grounds for obtaining a search warrant to seize the
weapons. Exigent circumstances and consent would also provide exceptions to the warrant
requirement so that the firearms and weapons could be seized immediately. (Refer to Chapter
3 of the California Peace Officers Legal Sourcebook, Policy Manual 106.5.3.)

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If the agent confiscates firearms or deadly weapons, the agent is required to notify the person of
the procedure for the return of weapons, as provided in Welfare and Institutions Code 8102.
Whenever firearms are confiscated, the agent should issue a receipt and list the serial or
identification on the firearms (Penal Code 12028.7(a)).

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422 Arrest or Detention of Foreign Nationals

422.1 PURPOSE AND SCOPE


Article 36 of the Vienna Convention on Consular Relations sets forth certain rights of foreign
nationals from member countries when arrested, detained or imprisoned by law enforcement
officials in this country. This section provides direction to agents when considering a physical
arrest or detention of a foreign national. All Foreign Service personnel shall be treated with
respect and courtesy, regardless of the level of established immunity. As noted herein, the
United States is a party to several bilateral agreements that obligate authorities to notify the
consulate upon the persons detention, regardless of whether the detained person requests that
his/her consulate be notified. The list of specific countries that the United States is obligated to
notify is listed on the U.S. Department of State website. Effective January 1, 2000, California
adopted a consular notification statute based on the Vienna Convention requirements. In
California, consular notification is mandated on every peace officer pursuant to Penal Code
834c.

422.1.1 DEFINITIONS
Foreign National - Anyone who is not a citizen of the United States (U.S.). A person with dual
citizenship, U.S. and foreign, is not a foreign national.

Immunity - Refers to various protections and privileges extended to the employees of foreign
governments who are present in the U.S. as official representatives of their home governments.
These privileges are embodied in international law and are intended to ensure the efficient and
effective performance of their official "missions" (i.e., embassies, consulates, etc.) in foreign
countries. Proper respect for the immunity to which an individual is entitled is necessary to
ensure that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of
U.S. personnel abroad. Although immunity may preclude U.S. courts from exercising
jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the U.S. Department
of States Office of Foreign Missions (OFM) that illegal acts by Foreign Service personnel
should always be pursued through proper channels. Additionally, the host countrys right to
protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent
necessary to prevent the endangerment of public safety or the commission of a serious crime,
regardless of immunity claims.

422.2 ARREST OR DETENTION OF FOREIGN NATIONALS


Agents should take appropriate enforcement action for all violations observed, regardless of
claims of diplomatic or consular immunity received from violators. A person shall not, however,
be subjected to in-custody arrest when diplomatic or consular immunity is claimed by the
individual or suspected by the agent, and the agent has verified or reasonably suspects that the
claim of immunity is valid.

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422.3 LEVELS OF IMMUNITY
The specific degree of immunity afforded to Foreign Service personnel within the U.S. is directly
related to their function and position in this country.

422.3.1 DIPLOMATIC AGENTS


Diplomatic agents (e.g., ambassadors and United Nations representatives) are afforded the
highest levels of immunity. They are exempt from arrest or detention and are immune from all
criminal (and most civil) prosecution by the host state. The family members of diplomatic agents
enjoy these same immunities. Currently there are no diplomatic agents permanently assigned to
California but they do occasionally visit the state.

422.3.2 CONSULAR OFFICERS


Consular officers are the ranking members of consular posts who perform various formal
functions on behalf of their own governments. Typical titles include consul general, consul, and
vice consul. These officials are immune from arrest or detention, except pursuant to a felony
warrant. They are only immune from criminal and civil prosecution arising from official acts. This
official acts immunity must be raised as an affirmative defense in the court jurisdiction, and its
validity is determined by the court. Under this defense, the prohibited act itself must have been
performed as an official function. It is not sufficient that the consular agent was on-duty or in an
official capacity at the time of the violation. The family members of consular officers generally
enjoy no immunity, however, any family member who enjoys a higher level of immunity is issued
an identification card by Department of State (DOS) enumerating any privileges or immunities
on the back of the card. Examples are consular officers and family members from Russia or
China.

There are approximately 600 consular officers in California, with most located in Los Angeles,
San Francisco and San Diego.

422.3.3 HONORARY CONSULS


Honorary consuls are part-time employees of the country they represent and are either
permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are
foreign nationals on temporary assignment to the U.S.). Honorary consuls may be arrested and
detained limited immunity for official acts may be available as a subsequent defense. Family
members have no immunity. There are less than 100 honorary consuls in California.

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422.4 IDENTIFICATION
All diplomatic and consular personnel who are entitled to immunity are registered with the
Department of State and are issued distinctive identification cards by the Department of State
Protocol Office. These cards are the best means of identifying Foreign Service personnel. They
include a photograph, identifying information, and, on the reverse side, a brief description of the
bearers immunity status. Unfortunately, these identification cards are not always promptly
issued by the Department of State. In addition to the Department of State identification card,
Foreign Service personnel should also have a driver license issued by the Department of State
Diplomatic Motor Vehicle Office (DMVO), which in most circumstances replaces the operators
license issued by the state. Additionally they may have California credentials issued by the
Governors Office of Emergency Services (OES), Law Enforcement Division.

422.4.1 VEHICLE REGISTRATION


Vehicles that are owned by foreign missions or Foreign Service personnel and their dependents
are registered with the Department of State OFM and display distinctive red, white, and blue
license plates. Vehicles assigned to diplomatic or consular officers will generally have license
plates labels with the words "diplomat" or "consul." Vehicles owned by honorary consuls are not
issued OFM license plates but may have California license plates with an "honorary consul"
label. Drivers identity or immunity status should not be presumed from the type of license plates
displayed on the vehicle. The status of an OFM license plate should be run via the National Law
Enforcement Telecommunications System (NLETS), designating "US" as the state, if the agent
has reason to question the legitimate possession of the license plate.

422.5 ENFORCEMENT PROCEDURES


The following procedures provide a guideline for handling enforcement of foreign nationals:

422.5.1 CITABLE OFFENSES


An enforcement document shall be issued at the scene for all violations warranting such action,
regardless of the violators immunity status. The issuance of a citation is not considered an
arrest or detention under current Department of State guidelines. Whenever the equivalent of a
notice to appear is issued to an immunity claimant, the following additional procedures shall be
followed by the arresting agent:

a. Local law enforcement agencies shall be utilized whenever possible to facilitate the
citing and releasing of the claimant.

b. Identification documents are to be requested of the claimant.

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c. The title and country represented by the claimant are to be recorded on the back of the
agents copy of the Notice to Appear for later reference. Do not include on the face of the
notice to appear.

d. The claimant shall be requested to sign the notice to appear. If the claimant refuses, the
identity and immunity status of the individual shall be conclusively established.

e. Verified diplomatic agents and consular officers, including staff and family members from
countries with which the U.S. has special agreements, are not required to sign the
Notice to Appear. The word "Refused" shall be entered in the signature box, and the
violator shall be released.

f. Verified consular staff members, excluding those from countries with which the U.S. has
special agreements, are generally obligated to sign the Notice to Appear, but a signature
shall not be required if their immunity status is uncertain.

g. All other claimants are subject to the provisions of Vehicle Code 40302(b) and policy
and procedures outlined in this chapter.

h. The violator shall be provided with the appropriate copy of the notice to appear.

422.5.2 Not subject to disclosure due to agent safety concerns

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422.6 TRAFFIC COLLISIONS
Persons involved in traffic collisions who possess a Department of State OFM Diplomatic Driver
License, issued by the DMVO, shall be referred to the CHP or appropriate local law
enforcement agency.

422.6.1 VEHICLES
Vehicles, which are owned by subjects with full immunity, may not be searched, stored, or
impounded without the owners permission. (Such permission may be assumed if the vehicle
has been stolen.) These vehicles may, however, be towed the necessary distance to remove
them from obstructing traffic or creating any other hazard.

422.6.2 REPORTS
A photocopy of each report involving an identified diplomat and/or immunity claimant shall be
forwarded to the office of the Director within 48 hours whether or not the claim is verified. The
words "Immunity Claim" shall be marked on the photocopy, together with a notation of the
claimants title, country, and type of identification presented (if applicable). In addition to the
report, a follow-up cover memorandum should be submitted if the violation was flagrant, if the
claimant was uncooperative, or if there were any other unusual aspects of the enforcement
contact that should be reported to the Department of State for further action. The SAC apprised
of the incident/accident shall also send a copy of all documents and reports submitted by the
investigating agent along with any supervisors notes, materials and/or logs to the Directors
office within 48 hours of the incident. The Directors office will check to ensure that notification of
Department of State and all necessary follow-up occur.

422.7 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITY


These policies and procedures apply to foreign nationals who do not claim diplomatic or
consular immunity.

Agents shall arrest foreign nationals only under the following circumstances:

a. There is a valid warrant issued for the persons arrest.


b. There is probable cause to believe that the foreign national has violated a federal

criminal law, a state law, or a local ordinance.

c. Agents shall not arrest foreign nationals solely for alleged undocumented entry into the
U.S. unless the undocumented entry is committed in the agents presence.

After a lawful detention or criminal arrest, agents may detain foreign nationals solely for alleged
undocumented presence in the U.S. if the U.S. Immigration and Customs Enforcement (ICE) is
contacted and can respond to take custody within a reasonable time. Agents shall not arrest
foreign nationals for undocumented presence. Federal courts have consistently held that
undocumented presence is not a crime but a federal civil violation only enforceable by federal
officers.

Agents shall not stop or detain persons solely for determining immigration status.

International treaty obligations provide for notification of foreign governments when


foreign nationals are arrested or otherwise detained in the U.S.

Whenever an agent arrests and incarcerates a foreign national or detains a foreign


national for investigation for over two hours, the agent shall promptly advise the
individual that he/she is entitled to have his/her government notified of the arrest or
detention (Penal Code 834c). If the individual wants his/her government notified, the
agent shall begin the notification process.

422.7.1 ARREST PROCEDURE


Whenever an agent physically arrests or detains an individual for criminal investigation and the
agent reasonably believes the person to be a foreign national, the agent shall inquire to
determine the persons citizenship.

This procedure applies to detentions of more than two hours. An inquiry is not required if the
individual is detained less than two hours for criminal investigation.

If the individual indicates that he/she is other than a U.S. citizen, the agent shall advise the
individual that he/she has a right to have the nearest appropriate embassy or consulate notified
of the arrest/detention.

If the individual requests such notification, the agent shall contact the Command Center as soon
as practical and request the appropriate embassy/consulate be notified. Agents shall provide
the Command Center with the following information concerning the individual:

Country of citizenship.

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Full name of individual, including paternal and maternal surname if used.

Date of birth or age.

Current residence.

Passport number, date of issuance, place of issuance.

Time, date, place, location of incarceration/detention, and the 24-hour telephone number
of the place of detention if different from the Department itself.

Report number.

If the individual claims citizenship of one of the countries for which notification of the
consulate/embassy is mandatory, agents shall provide the Command Center with the
information above as soon as practicable, regardless of whether the individual desires the
embassy/consulate to be notified. This procedure is critical because of treaty obligations with
the particular countries. The list of countries and jurisdictions that require notification can be
found on the U.S. Department of State website.

422.7.2 DOCUMENTATION
Agents shall document on the face page and in the narrative of the appropriate Investigation
Report the date and time the Command Center was notified of the foreign nationals
arrest/detention and his/her claimed nationality. The Command Center shall fax a completed
Consular and/or Embassy Notification of Arrest of Foreign National form (DLE 207) to the
nearest appropriate foreign consulate or embassy. The operator shall retain the DLE 207 in the
assigned file and, if the fax was unsuccessful, the operator shall notify the consulate or
embassy by telephone. The Command Center shall notify the arresting/detaining agent when
the notification has been made.

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424 Rapid Deployment Team Policy

424.1 PURPOSE AND SCOPE


Violence in schools, workplaces and other locations by any individual or group of individuals
presents a difficult situation for law enforcement. The purpose of this policy is to identify
guidelines and factors that will assist responding agents as they make decisions in these rapidly
unfolding and tense situations.

424.2 POLICY
The policy of this department in dealing with the crisis situation shall be:

a. To obtain and maintain complete operative control of the incident.

b. To explore every reasonably available source of intelligence regarding the

circumstances, location, and suspect(s) in the incident.

c. To attempt, by every means available, to attain any tactical advantage over the

responsible individual(s).

d. To attempt, whenever feasible, a negotiated surrender of the suspect(s) and release of


the hostages through the expertise of the members of this department and others.

e. When an emergency situation exists, neutralize the threat as rapidly as reasonably


possible to minimize injury and loss of life.

Nothing in this policy shall preclude the use of necessary force, deadly or otherwise, by
members of this department in protecting themselves or others from death or serious injury.

424.3 PROCEDURE
If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent
danger, first responding agents should consider reasonable options to immediately eliminate the
threat. Agents must decide, often under a multitude of difficult and rapidly evolving
circumstances, whether to advance on the suspect, take other actions to deal with the threat or
wait for additional resources.

When deciding on a course of action agents should consider:

a. Whether sufficient personnel are available on-scene to advance on the suspect. Any
advance on a suspect should be made using teams of two or more agents whenever
reasonably possible.

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b. Whether individuals who are under imminent threat can be moved out of danger with
reasonable safety.

c. Whether the agents have the ability to effectively communicate with others in the field.

d. Whether planned tactics can be effectively deployed.

e. The availability of rifles, shotguns, shields, control devices and any other appropriate
tools, and whether the deployment of these tools will provide a tactical advantage.

f. In a case of a barricaded suspect with no hostages and no immediate threat to others,


agents should consider summoning and waiting for additional assistance (special tactics
and/or hostage negotiation team response).

g. If a suspect is actively engaged in the infliction of serious bodily harm or other life-
threatening activity toward others, the agent(s) should take immediate action, if
reasonably possible, to stop the threat presented by the suspect while calling for
additional assistance.

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426 Police Activity in Other Jurisdictions

426.1 PURPOSE AND SCOPE


This policy provides general guidelines for reporting police activity while on or off-duty and
occurring in other jurisdictions.

426.1.1 ASSISTANCE TO OUTSIDE AGENCIES


When an agent is on-duty and is requested by an allied agency to participate in law
enforcement activity in another jurisdiction, he/she shall obtain prior approval from the
immediate supervisor or the SAC. If the request is of an emergency nature, the agent shall
notify a supervisor as soon as practical.

426.1.2 LAW ENFORCEMENT ACTIVITY IN LOCAL JURISDICTIONS


A local law enforcement agency must be notified in advance of an agent conducting a tactical
enforcement operation within the agencys jurisdiction. Notification will be made by the SAC or
designee, except under the following circumstances:

a. If the nature of the information indicates that notification at the field enforcement level of
a local agency may compromise an investigation or pose a threat to the agents safety,
the responsible SAC will notify the local agency's chief administrator of the
circumstances and request the chief administrator's cooperation in maintaining the
confidentiality of the investigation at the field level.

b. In the event that reliable information is received implicating a local agency's department
head in illegal activity which may cause the investigation or agents undercover
operation or safety to be compromised, the SAC may grant an authorization to exempt
personnel attached to the investigation from this notification policy. In this situation, the
SAC shall notify their Bureau Chief immediately of the circumstances justifying this
exemption prior to initiating enforcement action or in any way continuing the
investigation.

c. In major metropolitan areas where it is possible for the activities associated with an
investigation to cross multiple local agency areas of responsibility in a short time, such
as a covert surveillance or pursuit, local agency notification need not be made prior to
investigative activity if such notification would hamper or unnecessarily delay the
investigative activity of the agent.

d. In addition, the mere passage of the suspect or agent through numerous jurisdictions
while en route to the primary locale of an investigation or arrest does not mandate the
need for notification of the local agencies except those in which the above-listed

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investigative activities are anticipated. Those agency jurisdictions wherein the primary
case activity will occur shall be notified. However, during a multi-jurisdictional case,
agents should notify the appropriate war room, watch center or Narcotic Information
Network (NIN) in accordance with established policy.

At the conclusion of the enforcement activity, the SAC or designee will make an exit notification
to advise the local agency of the event's termination. Should the enforcement activity result in a
noteworthy incident (large seizure, arrest of numerous persons, etc.), this information should
likewise be conveyed to the local agency.

426.2 OVERLAPPING INVESTIGATIONS


If, during an investigation, it is learned that a federal, state, or local law enforcement agency is
working on the same case or is using the same undercover operator that is being used by the
Division, the agent shall immediately report the information to his/her SAS, who shall notify the
SAC/TFC.

The SAC/TFC or designee shall contact the proper official in charge of the federal, state, or
local law enforcement investigation and make whatever arrangements are necessary, either to
work on the case as a joint investigation, arrange for one of the agencies to withdraw from the
investigation, or enter into any other appropriate working relationship.

426.3 INVESTIGATIONS IN OTHER AREAS OF RESPONSIBILITY


Whenever, in the best interests of an investigation, information or investigative action pertains to
a geographic area which is the responsibility of another regional office, the information shall be
forwarded to the appropriate SAC or designee.

If the regional office initiating the investigation elects to maintain control of the investigation and
follow it through into the jurisdiction of another regional office, the initiating office shall be
responsible for sending a sufficient number of personnel to complete the investigation. This
includes the preparation of search warrants, arrests, investigative reports, handling of evidence,
and filing of complaints.

The initiating regional office SAC or designee shall communicate with the SAC or designee of
the regional office of jurisdiction and coordinate the activities of the investigation. If the regional
office of jurisdiction supplies the majority of the resources, that office shall assume responsibility
and control of the investigation. If this occurs, the agents traveling to the area of the regional
office with jurisdiction shall report to and be under the supervision of the SAC of that area
unless other arrangements have been made between the SACs involved.

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427 Operating in a Foreign Country

427.1 PURPOSE AND SCOPE


The purpose of this policy is to provide specific direction to employees with an operational need
to travel outside of the United States.

427.2 POLICY
No employee, with the exception of members of the BI Foreign Prosecution and Law
Enforcement Unit (FPLEU), shall enter a foreign country to conduct official business without
prior written notification to and approval from his/her Bureau Chief or designee and the Director
or designee. TFCs shall not permit non-DOJ members of their task force to enter a foreign
country on official task force business without the prior approval of the Director, the Bureau
Chief, and the head of the members parent agency.

Due to the sensitivity of working in a foreign country, including Mexico, and the potential for
violating laws and/or protocols of which the employee may be unaware, it is imperative that the
FPLEU be consulted before any employee travels abroad. The FPLEU shall be notified by the
employee prior to each entry into a foreign country on official business unless an exemption is
obtained from the Director or designee. The assistance of the FPLEU should be utilized as
appropriate when planning or implementing official activities in a foreign country.

FPLEU personnel shall notify their Bureau Chief, via the chain of command, before each entry
into a foreign country to conduct official business.

427.3 REQUEST FOR APPROVAL


All requests to enter a foreign country to conduct official business shall be submitted in writing
and routed via the chain of command to the Bureau Chief, who shall forward the requests to the
Director or designee. The requests shall include the following information:

Purpose of travel

Name(s) of the person(s) to be contacted

Specific investigative activity to be performed

Length of the visit

Investigation or file number, if applicable

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If obtaining prior written approval from the Director, the Bureau Chief, and/or the parent agency
head is not possible, verbal approval may be obtained from the Bureau Chief, the head of the
parent agency, or their respective designee. The date of verbal approval and the name of the
individual(s) approving each trip shall be documented in the relevant investigative file within five
(5) business days of the traveling individual's return to the United States.

427.4 NOTIFICATION TO THE LA CLEAR


When any Department employee, including the agents assigned to the FPLEU, or task force
member has received approval to travel to a foreign country, he/she shall notify the LA CLEAR
of the date and purpose of the upcoming trip, the individual(s) and/or agency(ies) to be visited,
the name(s) of any person(s) traveling with him/her, and the date and time the employee
anticipates returning or going off duty.

The LA CLEAR will complete the required Foreign Travel Notification form (FTN) and
electronically transmit the completed FTN to the Bureau Chief or designee. The LA CLEAR will
monitor each agents progress and close the notification when the agent has reported.

427.5 OVERDUE AND MISSING AGENTS


An agent is considered overdue when he/she fails to contact the LA CLEAR at the time
specified by the agent in his/her pre-travel notification. If that occurs, the LA CLEAR shall
attempt to contact the agent via phone. If the LA CLEAR is unable to make contact with the
agent, the LA CLEAR shall notify the FPLEU SAC or the regional office SAC. The SAC shall
determine if the agents status should be changed.

An overdue agent is determined to be missing when all known means of contacting him/her
have been attempted with negative results or when the Bureau Chief, Assistant Bureau Chief or
SAC orders a change of status.

a. If the agents status changes from overdue to missing, the appropriate SAC or
designee shall notify the bureaus chain of command.

1. The FPLEU SAC or the regional office SAC shall make notification to the first
available law enforcement international liaison unit, as well as the U.S. Marshal
Service (USMS), Federal Bureau of Investigation (FBI), and the U.S. Embassy and
Consulate of the country in question.

2. If the agent is missing in the Republic of Mexico, utilizing the first available law
enforcement liaison unit, USMS, and FBI, notify the 2nd Mexican Military Battalion
Command, the Mexican Federal Attorney Generals Office, and the Mexican Federal
Preventive Police.

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3. The FPLEU SAC or the regional office SAC shall either personally make these
notifications or defer notification to the LA CLEAR. It is recommended that
international liaison agencies make notifications to foreign missions (embassy or
consulate) and Mexican law enforcement. In order to assist the Incident
Commander, the IOC will maintain a contact list of all U.S. law enforcement liaison
agencies.

b. All information involving the LA CLEAR, such as change of status or the initiation of
agency notifications, shall be documented by the LA CLEAR via the FTN computerized
document.

427.5.1 COMMAND POST


The LA CLEAR shall monitor the situation and act as the primary resource center during the
operation. A field command post shall be set up at the regional office, the San Ysidro Port of
Entry through the Customs and Border Patrol (CBP) liaison, or any other viable location. The
FPLEU SAC or agency designee shall coordinate with the government in question any and all
searches in that governments territory.

427.5.2 AGENCY ROLES AND RESPONSIBILITIES


a. The first contacted international liaison unit is notified so that they may make immediate
notification to all U.S. law enforcement agencies with international liaison units in
California. The first contacted international liaison unit shall also initiate informal contact
with foreign law enforcement.

b. The USMS is notified because of its vast resources and assets in foreign countries. The
USMS will also begin formal contact with the foreign country law enforcement or military.

c. The FBI is notified in order to implement classified assets to assist in the return of
missing personnel. The FBI is also present with resources in most foreign countries.

d. The U.S. Embassy is notified in order to formally request assistance from the foreign
country in question through diplomatic channels.

e. The U.S. Consulate is the local contact representing the U.S. Embassy in the field of
jurisdiction/operations. They may also be the point of contact for the U.S. Embassy.

f. CBP is notified primarily to make official notification to all of its ports of entry along the
southwest border to be on alert for the missing agent(s).

g. Military Command is notified in order to receive the resources of the military throughout
the region.

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h. Federal Police are notified to activate their assets throughout the country.

i. The United States Border Patrol is notified due to their responsibility along the border
outside of the established ports of entry.

427.5.3 Not subject to disclosure due to agent safety concerns

427.6 MEXICAN AUTO INSURANCE


Division employees who travel to Mexico using State vehicles shall secure Mexican auto
insurance. The DGS Office of Risk and Insurance Management (ORIM) can procure either
annual or short-term Mexican auto insurance for State employees who are required to drive in
Mexico. The FPLEU can assist with arranging for Mexican auto insurance when an employee
gives notification of scheduled travel into Mexico.

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428 Immigration Violations

428.1 PURPOSE AND SCOPE


The immigration status of individuals alone is generally not a matter for police action. It is
incumbent upon all employees of this department to make a personal commitment to equal
enforcement of the law and equal service to the public regardless of alien status. Confidence in
this commitment will increase the effectiveness of the Department in protecting and serving the
entire community.

428.2 DEPARTMENT POLICY


The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement
of the provisions of Title 8, United States Code dealing with illegal entry. When assisting ICE at
its specific request, or when suspected criminal violations are discovered as a result of inquiry
or investigation based on probable cause originating from activities other than the isolated
violations of Title 8, U.S.C., 1304, 1324, 1325 and 1326, this department may assist in the
enforcement of federal immigration laws.

428.3 PROCEDURES FOR IMMIGRATION COMPLAINTS


Persons wishing to report immigration violations should be referred to the local office of the U.S.
Immigration and Customs Enforcement (ICE). The Employer Sanction Unit of ICE has primary
jurisdiction for enforcement of Title 8, United States Code.

428.3.1 BASIS FOR CONTACT


Unless immigration status is relevant to another criminal offense or investigation (e.g.,
harboring, smuggling, terrorism), the fact that an individual is suspected of being an
undocumented alien shall not be the sole basis for contact, detention, or arrest.

428.3.2 SWEEPS
The California Department of Justice does not independently conduct sweeps or other
concentrated efforts to detain suspected undocumented aliens.

When enforcement efforts are increased in a particular area, equal consideration should be
given to all suspected violations and not just those affecting a particular race, ethnicity, age,
gender, socioeconomic status, or other group.

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The disposition of each contact (e.g., warning, citation, arrest), while discretionary in each case,
should not be affected by such factors as race, ethnicity, age, gender, sexual orientation,
religion or socioeconomic status.

428.3.3 ICE REQUEST FOR ASSISTANCE


If a specific request is made by ICE or any other federal agency, this department will provide
available support services.

Members of this department should not participate in such federal operations as part of any
detention team unless it is in direct response to a request for assistance on a temporary basis or
for officer safety. Any detention by a member of this department should be based upon the
reasonable belief that an individual is involved in criminal activity.

428.3.4 IDENTIFICATION
Whenever any individual is reasonably suspected of a criminal violation (infraction,
misdemeanor, or felony), the investigating agent should take reasonable steps to determine the
persons identity through valid identification or other reliable sources.

428.3.5 ARREST
If the agent intends to take enforcement action and the individual is unable to reasonably
establish his/her true identity, the agent may take the person into custody on the suspected
criminal violation (see Vehicle Code 40302a, and Penal Code 836, if pertinent to the
circumstances). A field supervisor shall approve all such arrests.

428.3.6 BOOKING
If the agent is unable to reasonably establish an arrestees identity, the individual may, upon
approval of a supervisor, be booked into jail for the suspected criminal violation and held for
bail.

428.3.7 NOTIFICATION OF IMMIGRATION AND CUSTOMS ENFORCEMENT


Whenever an agent has reason to believe that any person arrested for any offense listed in
Health & Safety Code 11369 or any other felony may not be a citizen of the United States and
the individual is not going to be booked into county jail, the arresting agent shall cause ICE to be
notified for consideration of an immigration hold.

If an agent has an articulable belief that an individual taken into custody for any misdemeanor is
an undocumented alien, and after he/she is formally booked there is no intention to transport to

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the county jail, ICE may be informed by the arresting agent so that ICE may consider placing an
immigration hold on the individual.

In making the determination whether to notify ICE in such circumstances, the agent should, in
consultation with a supervisor, consider the totality of circumstances of each case, including, but
not limited to:

a. Seriousness of the offense

b. Community safety

c. Potential burden on ICE

d. Impact on the immigrant community

Generally, agents will not need to notify ICE when booking arrestees at the county jail.
Immigration officials routinely interview suspected undocumented aliens who are booked into
the county jail on criminal charges and notification will be handled according to jail operation
procedures.

428.4 CONSIDERATIONS PRIOR TO REPORTING TO ICE


The California Department of Justice is concerned for the safety of local citizens and thus
detection of criminal behavior is of primary interest in dealing with any person. The decision to
arrest shall be based upon those factors which establish probable cause and not on arbitrary
aspects. Race, ethnicity, age, gender, sexual orientation, religion, and socioeconomic status
alone are of no bearing on the decision to arrest.

All individuals, regardless of their immigration status, must feel secure that contacting law
enforcement will not make them vulnerable to deportation. Members should not attempt to
determine the immigration status of crime victims and witnesses or take enforcement action
against them absent exigent circumstances or reasonable cause to believe that a crime victim
or witness is involved in violating criminal laws. Generally, if an agent suspects that a victim or
witness is an undocumented immigrant, the agent need not report the person to ICE unless
circumstances indicate such reporting is reasonably necessary.

Nothing in this policy is intended to restrict agents from exchanging legitimate law enforcement
information with any other federal, state or local government entity (Title 8 U.S.C. 1373 and 8
U.S.C. 1644).

428.4.1 U-VISA NONIMMIGRANT STATUS


Under certain circumstances, federal law allows temporary immigration benefits to victims and
witnesses of certain qualifying crimes (8 U.S.C. 1101(a)(15)(U and T). A

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declaration/certification for a U-Visa/T-Visa from the U.S. Citizenship and Immigration Services
must be completed on the appropriate U.S. DHS Form supplements (I-918 or I-914) by law
enforcement and must include information on how the individual can assist in a criminal
investigation or prosecution in order for a U-Visa/T-Visa to be issued.

Any request for assistance in applying for U-Visa/T-Visa status should be forwarded in a timely
fashion to the BI SAS assigned to supervise the handling of any related case. The BI SAS
should do the following:

a. Consult with the assigned agent to determine the current status of any related case and
whether a supplemental report is warranted.

b. Review the instructions for completing the declaration/certification if necessary.


Instructions for completing Forms I-918/I-914 can be found on the U.S. DHS website.

c. Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
declaration/certification has not already been completed and whether a
declaration/certification is warranted.

d. Address the request and complete the declaration/certification, if appropriate, in a timely


manner.

e. Ensure that any decision to complete or not complete the form is documented in the
case file and forwarded to the appropriate prosecutor. Include a copy of any completed
certification in the case file.

428.4.2 HUMAN TRAFFICKING T-VISA


Agents and their supervisors who are assigned to investigate a case of human trafficking shall
complete the above process and documents needed for a T-Visa application within 15 business
days of the first encounter with the victim, whether or not it is requested by the victim (Penal
Code 236.5).

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429 Undercover Contact with Law Enforcement

429.1 PURPOSE AND SCOPE


Because undercover agents are not readily identifiable as law enforcement officers, unplanned
contact with uniformed personnel carries the potential for confrontation. The primary
responsibility for avoiding or defusing this risk lies with the undercover agent(s).

429.2 PROCEDURE
The actions and behavior of the undercover agent when contacted by a uniformed officer are
critically important. The following guidelines are intended to assist in avoiding or alleviating the
potential danger associated with such contacts. The undercover agent should:

a. Carry his/her firearm concealed rather than partially or completely exposed to view.

b. Avoid any sudden movement which could be interpreted as suspicious or threatening,


and keep his/her hands in sight and open.

c. Verbally identify himself/herself and tell the officer where his/her credentials and
weapon(s) are located.

d. Follow the instructions of the uniformed officer explicitly and without hesitation.

e. Upon request, provide the name and phone number of his/her supervisor or another
agency member who may be contacted for verification.

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432 Shoulder Weapons

432.1 PURPOSE AND SCOPE


In order to more effectively and accurately address the increasing level of fire power and body
armor utilized by criminal suspects, the California Department of Justice will make shoulder
weapons available to qualified agents as an additional and more immediate tactical resource.

Refer to Policy Manual 312 for the Divisions complete firearm policy, the provisions of which
shall apply to the use of shoulder weapons.

432.2 SHOULDER WEAPONS

432.2.1 DEFINITION
A shoulder weapon is an authorized weapon which is owned by the Department and which is
made available to properly trained and qualified agents as a supplemental resource to their duty
handgun. No personally-owned shoulder weapons may be carried.

432.3 SPECIFICATIONS
Only weapons and ammunition that meet agency authorized specifications, approved by the
Director, and issued by the Department may be used by agents in their law enforcement
responsibilities. All ammunition used in Department-issued shoulder weapons shall be obtained
from the Rangemaster. The authorized shoulder weapons issued by the Department are:

a. Shotguns:

1. Remington 870

2. Benelli Super 90

b. Rifle systems:

1. Colt/Bushmaster

2. Remington 700-bolt action

3. Heckler & Koch

c. Selective fire weapon systems:

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1. Colt/Bushmaster

2. Heckler & Koch

d. Grenade launchers:

1. Heckler & Koch 69A1 - 40mm

2. Def-Tec Models 1325 - 40mm and 1375 Multi-Launcher - 40mm

3. Penn Arms GL-6 Multi-Launcher - 40 mm

Every Department-owned and -issued shoulder weapon used for enforcement and tactical entry,
other than a grenade launcher or a shotgun used with less lethal munitions, shall have a tactical
light affixed to it. Shotguns and selective fire weapons shall be used with the Department-
approved three-point tactical sling. Grenade launchers shall be used with the Department-
approved orange-colored three-point tactical sling and equipped with an electronic lighting
device (e.g. Holosight).

432.4 SHOULDER WEAPON MAINTENANCE


a. Primary responsibility for maintenance of shoulder weapons shall fall on the
Rangemaster who shall inspect and service each shoulder weapon on a monthly basis.

b. Each agent carrying a shoulder weapon may be required to field strip and clean it as
needed.

c. Each agent shall be responsible for promptly reporting any damage or malfunction of an
assigned shoulder weapon to the Rangemaster.

d. Each shoulder weapon shall be subject to inspection by a supervisor, the Rangemaster


or Firearms Officer at any time.

e. No modification shall be made to any shoulder weapon without prior written authorization
from the Firearms Officer.

f. Repairs to shoulder weapons shall be limited to minor parts replacement performed by a


Department-approved armorer who has been factory-trained to work on that weapon
system. Shoulder weapons requiring further repairs shall be sent to the Firearms Officer.

1. Agents who have been assigned sniper rifles may request modification of the trigger
pull. If approved, the modification shall be made by an armorer who has been
certified to work on the weapon system. The written request for modification shall
include the serial number of the firearm and a copy of the armorers certification for

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the weapon system. Once written approval is received from the Firearms Officer, the
trigger pull may be set to no less than 2.5 lbs. Copies of the request, approval, and
armorers certification shall be maintained by the Firearms Officer.

432.5 TRAINING

Agents are recommended by their SAC and certified by the Firearms Officer to carry shoulder
weapons. If the agent is at or above the rank of SAC, the initial recommendation is made by
his/her supervisor. Agents shall not carry or utilize the shoulder weapon unless they have
successfully completed departmental training specified in the DOJ Firearms and Training
Manual for that particular weapon. Agents shall thereafter be required to successfully complete
quarterly training and qualification with the assigned shoulder weapon(s) at a Department range
in accordance with Policy Manual 312.4.

An agent who fails to qualify with any assigned shoulder weapon(s) as described in this policy
during any quarter shall return the weapon(s) to the Rangemaster until properly qualified. Any
agent who fails to qualify or who fails to successfully complete two or more department
sanctioned training/qualification sessions within a calendar year will no longer be authorized to
carry the shoulder weapon without successfully retaking the initial users course and
qualification.

432.6 DEPLOYMENT OF THE SHOULDER WEAPON


Agents may deploy the shoulder weapon in any circumstance where the agent can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines for
deploying the shoulder weapon may include, but are not limited to:

a. Situations where the agent reasonably anticipates an armed encounter.

b. When an agent is faced with a situation that may require the delivery of accurate and
effective fire at long range.

c. Situations where an agent reasonably expects the need to meet or exceed a suspects
firepower.

d. When an agent reasonably believes that there may be a need to deliver fire on a

barricaded suspect or a suspect with a hostage.

e. When an agent reasonably believes that a suspect may be wearing body armor.

f. When authorized or requested by a supervisor.

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432.7 DISCHARGE OF THE SHOULDER WEAPON
The discharge of the shoulder weapon shall be governed by the Divisions Use of Force Policy,
Policy Manual 300 and reported in accordance with Policy Manual 304.1.4.

432.9 SHOULDER WEAPON STORAGE


Shoulder weapons shall be stored in accordance with Policy Manual 312.

a. Shoulder weapons shall be transported in their issued case to and from DOJ vehicles as
discreetly as possible.

1. When stored in a vehicle, shoulder weapons shall be either secured by chain and
lock to a solid metal interior support, a gun lock, a DOJ-issued electronic locking
system (ELS), in a lock equipped vault in the trunk, in a locked secured
container/shell within the bed of a truck, or in the locked rear area of a sports utility
vehicle. When the weapon is stored in a DOJ vehicle that is not in use, the vehicle
shall be parked and alarmed in a locked garage, if possible.

2. When a shoulder weapon is taken to an employee's residence, it shall remain


secured in the DOJ vehicle as described above and the vehicle shall be parked in a
locked garage, if possible. At no time shall an employee report for duty and leave the
weapon secured at his/her residence.

b. If the employee is on-duty and not using the shoulder weapon, it shall be stored in
his/her DOJ vehicle or the regional office armory.

c. When a qualified agent reports for duty, he/she may, with his/her supervisors approval,
contact the SAC for access to the armory. Each time the assigned shoulder weapon is
placed in or taken out of the armory, it shall be recorded on the armory weapons log.

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434 Aircraft Accidents

434.1 PURPOSE AND SCOPE


This policy describes situations involving aircraft accidents including responsibilities of
personnel, making proper notification, and documentation.

434.2 RESPONSIBILITIES
In the event of an aircraft crash the employee is responsible for assisting the local law
enforcement agency having jurisdiction over the crash site, if assistance is requested.

434.2.2 NATIONAL TRANSPORTATION SAFETY BOARD


The National Transportation Safety Board (NTSB) has the primary responsibility for
investigating accidents involving civil aircraft. In the case of a military aircraft incident, the
appropriate branch of the military will be involved in the investigation. The NTSB is concerned
with several aspects of a crash as described in this section.

Every effort should be made to preserve the scene to the extent possible in the condition in
which it was found until such time as NTSB or other authorized personnel arrive to take charge
of the scene.

Military personnel will respond to take charge of any military aircraft involved, whether or not
injuries or deaths have occurred.

If the accident did not result in a death or injury and the NTSB elects not to respond, the pilot or
owner may assume control of the aircraft.

Removal of the wreckage shall be done under the guidance of the NTSB or military authorities
or, if the NTSB is not responding for an on-site investigation, at the discretion of the pilot or the
owner.

434.3 DOCUMENTATION
Any aircraft accident (crash) of a DLE aircraft, regardless of whether injuries or deaths occur,
shall be documented in an investigative report.

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438 Not subject to disclosure due to agent safety concerns

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440 Field Interviews & Photographing of Field Detainees

440.1 PURPOSE AND SCOPE


Refer to the California Peace Officers Legal Sourcebook (Policy Manual 106.5.3) for
guidelines for conducting field interviews (FI) and pat-down searches, and the taking and
retention of photographs of persons detained in the field but not arrested.

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442 Criminal Street Gangs

442.1 PURPOSE AND SCOPE


It is the policy of this department to establish a procedure for identifying criminal street gangs,
participants of criminal street gangs, and patterns of criminal activity as outlined in Penal Code
186.20 through Penal Code 186.33 of the "Street Terrorism Enforcement and Prevention Act."

The intent of this policy is to provide for the collection and management of criminal street gang
information so as to enhance officer safety and the criminal prosecution of criminal street gang
participants.

442.2 DEFINITIONS
Pattern of Criminal Gang Activity - The commission, attempted commission, conspiracy to
commit, sustained juvenile petition for, or conviction of two or more of any offenses as described
in Penal Code 186.22(e), as long as at least two of the offenses are committed on separate
occasions within three years of each other or by two or more individuals on the same occasion.

Criminal Street Gang - Any ongoing organization, association, or group of three or more
persons, whether formal or informal, having as one of its primary activities the commission of
one or more of the criminal acts enumerated in paragraphs 1 through 25 or paragraphs 31
through 33 of Penal Code 186.22(e), and which has a common name or common identifying
sign or symbol, and whose members individually or collectively engage or have engaged in a
pattern of criminal street gang activity.

Gang Related Crime - Any crime, which is committed for the benefit of, at the direction of, or in
association with, a criminal street gang with the intent to promote, further or assist any criminal
street gang.

442.3 IDENTIFICATION OF CRIMINAL STREET GANGS / PARTICIPANTS


Based upon their assignment (i.e. a regional gang task force, the BI Special Operations Unit),
employees shall be authorized to collect information on individuals who are suspected of
participating in a criminal street gang and groups that are suspected of being criminal street
gangs.

a. A group of three or more individuals shall be designated a criminal street gang when:

1. They have a common name or common identifying sign or symbol.

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2. There is evidence, substantiated by crime and informational reports, that a primary
activity of the group is the commission of one or more criminal acts enumerated in
Policy Manual 442.2(a).

3. One or more members individually or collectively have engaged in a pattern of


criminal gang activity as defined in Policy Manual 442.2(a).

4. A designated representative of the District Attorneys Office reviews the available


evidence and concurs with a Department finding that the group meets the criteria for
being a criminal street gang.

b. An individual shall be designated as a participant in a criminal street gang and included


in a gang file, when one or more of the following elements have been verified by a Gang/
Information Unit member and a reasonable basis for believing such affiliation has been
established and approved by a supervisor:

1. An individual admits membership in a criminal street gang.

2. A reliable informant or known gang member identifies an individual as a participant in


a criminal street gang.

3. An informant of previously untested reliability identifies an individual as a participant


in a criminal street gang when that identification is corroborated by independent
information.

4. An individual resides in or frequents a particular criminal street gangs area, and


affects their style of dress, color of dress, use of jewelry, tattoos, monikers, or any
other identifiable mannerism associated to that particular criminal street gang, and
where the agent documents reasonable suspicion that the individual is involved in
criminal gang activity or enterprise.

5. A person has been arrested in the company of identified criminal street gang
members for offenses that are consistent with criminal street gang activity or criminal
street gang related crimes.

6. An individual is identified as a gang member in a criminal street gang document or


the individual is depicted in a criminal street gang members photograph(s) in such a
manner as to clearly indicate membership in a criminal street gang.

7. An individual otherwise meets the criteria of a criminal street gang participant under
the guidelines of a department approved gang intelligence database and/or 28
C.F.R. 23.20.

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c. An individual may be designated as a gang affiliate only when the individual is known to
affiliate with active criminal gang members and an agent has established that there is
reasonable suspicion that the individual is involved in criminal activity. An agents belief
must be premised upon reasoning and logic coupled with sound judgment based upon
law enforcement experience, rather than a mere hunch or whim.

442.4 CRIMINAL STREET GANG INVESTIGATION FILE


A file of criminal street gang participants shall include:

a. Names, aliases, monikers, tattoos, addresses, and other relevant identifying information

b. Gang name

c. Justification used to identify an individual as a criminal street gang participant

d. Vehicle(s) known to be used

e. Cross-references to other identified gangs or gang members.

442.4.1 REVIEW AND PURGING OF GANG PARTICIPANT FILE


Temporary files shall not be retained longer than one year. At the end of one year, temporary
files must be purged if the information does not qualify for entry into CalGang.

The SAS/TFC shall periodically review temporary files to verify that the information was properly
obtained and meets the criteria for retention. Validation and purging of temporary criminal street
gang files is the responsibility of the SAS/TFC.

442.4.2 CRIMINAL GANG INTELLIGENCE DATABASE


The Director has approved the CalGang criminal gang intelligence database for use by
members of the Division. The CalGang database is compliant with 28 C.F.R. 23.20 regulating
criminal intelligence systems. Employees must obtain the requisite training before accessing
CalGang.

Authorized SASs, TFCs, and agents shall ensure that individuals subject to investigation,
exhibiting gang membership criteria developed by CalGang, are entered into the CalGang
system in order to enhance statewide criminal intelligence. A related location or vehicle shall
also be entered into the system.

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It is the responsibility of the SAS/TFC to retain reports and FIs in compliance with the
procedures of the Department-approved criminal gang intelligence database and 28 C.F.R.
23.20. These reports or FIs may not be purged without the approval of the SAS/TFC.

442.5 FIELD CONTACTS


Agents who contact individuals who are, or may be, participants in criminal street gang activity
should document the reasonable suspicion underlying the contact and the exact circumstances
leading to the suspicion that the individual is a criminal street gang participant (e.g., subject
states he or she is a member of XYZ gang; XYZ tattoo on right hand near thumb; wearing ball
cap with gang name printed in blue or red ink) in a report.

442.6 NOTIFICATION TO PARENT OR GUARDIAN


When an inquiry is made by a parent or guardian as to whether a juvenile's name is in the
criminal street gang investigation file, such information shall be provided by the unit supervisor,
unless there is good cause to believe that the release of such information may jeopardize an
ongoing criminal investigation.

Employees must observe strict compliance with the rules of CalGang regarding release of
information from that database.

442.7 DISSEMINATIONS OF THE FILE INFORMATION


Information from the temporary criminal street gang participant files may only be furnished to
Department personnel and other public law enforcement agencies on a need-to-know basis.
This means information that may be of use in the prevention of gang-related criminal activity or
in the investigation of gang-related crimes shall be released to members of this department and
other law enforcement agencies.

Information from any department approved database, including CalGang, must only be
released in compliance with the rules for that particular database.

442.8 REPORTING CRITERIA AND ROUTING


Incidents that appear to be criminal street gang related shall be documented in an investigation
report and shall at minimum include the following:

a. A description of any document, statements, actions, dress or other information that


would tend to support the agents belief that the incident may be related to the activities
of a criminal street gang.

b. Whether any photographs were taken and a brief description of what they depict.

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c. What physical evidence, if any, was observed, collected or booked.

d. A list of individuals or agencies to whom a copy of the report was given.

Any photographs taken or evidence collected shall be booked in accordance with current
evidence booking procedures.

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444 Special Agents in Charge

444.1 PURPOSE AND SCOPE


Each regional office must be directed by supervisors who are capable of making decisions and
communicating in a manner consistent with departmental policies, procedures, practices,
functions and objectives. To accomplish this goal, a SAC heads each regional office.

444.2 DESIGNATION AS ACTING SAC


When a SAC is unavailable for duty as SAC, in most instances the senior qualified Special
Agent Supervisor shall be designated as acting SAC. This policy does not preclude designating
a less senior Special Agent Supervisor as an acting SAC when operational needs require or
training permits.

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452 Medical Marijuana

452.1 PURPOSE AND SCOPE


The purpose of this policy is to provide members of this department with guidelines for handling
and distinguishing between claims of medical marijuana use under California's Compassionate
Use Act (Health & Safety Code 11362.5) and criminal narcotics violations.

452.2 ENFORCEMENT
Although federal law does not currently permit possession of marijuana for medical use,
California has created a limited defense (i.e. no penalty) for certain qualified individuals
possessing small quantities of marijuana for medical use under strict conditions.

a. Notwithstanding California Medical Marijuana laws:

1. California does not provide any exception for individuals driving under the
influence of marijuana. All such cases should be handled with appropriate
enforcement action (e.g., Vehicle Code 23152, et seq.).

2. Medical marijuana may not be smoked outside of a residence within 1000 feet of
a school, recreation center, youth center or in a vehicle or boat (Health & Safety
Code 11362.79).

3. No probationer or parolee may possess medical marijuana unless such


possession is authorized in writing by court order or parole conditions (Health &
Safety Code 11362.795).

b. Possession, cultivation and sales of marijuana in quantities beyond that which might
reasonably be construed as for personal use should be handled as criminal cases with
appropriate enforcement action taken pursuant to Health & Safety Code 11357,
11358 and 11359.

1. The amount of marijuana possessed must be consistent with the medical needs
of the qualified patient or person with valid ID card.

2. The quantity and form of marijuana must also be reasonably related to the
patient's current medical needs.

a. Absent a verifiable doctor's recommendation to exceed allotted quantities,


a qualified patient or primary caregiver may possess no more than eight
ounces of dried marijuana per qualified patient, and;

b. Maintain no more than six mature, or twelve immature marijuana plants


per qualified patient (Health & Safety Code 11362.77(a)(b)).

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c. In any case involving the possession or cultivation of marijuana, the agent should inquire
whether the individual is claiming that the marijuana is for medicinal purposes.

1. If no such claim is made, the agent should proceed with normal enforcement
action.

2. If a claim of medicinal use is made, the agent should proceed as outlined below.

452.3 MEDICINAL USE CLAIMS


In order to qualify for a medicinal marijuana defense, any individual making such a claim must
affirmatively establish the following information. If the individual cannot or will not provide all of
the required information, the agent should note such fact in any related report and proceed with
appropriate enforcement action.

452.3.1 PATIENTS
a. An individual may establish his/her status as a qualified patient by presenting a current
and valid state issued identification card issued by the Department of Health (Health &
Safety Code 11362.735). Such identification cards shall contain the following
information:

1. A unique serial number.

2. An expiration date.

3. The name and telephone number of the county health department approving the
application.

4. A 24-hour toll-free number for law enforcement to verify the validity of the card
(Verification can be checked at www.calmmp.ca.gov).

5. A photograph of the cardholder.

No agent shall refuse to accept a properly issued identification card unless the agent has
reasonable cause to believe that the information contained in the card is false or that the card is
being used fraudulently (Health & Safety Code 11362.78).

b. If the individual does not possess a valid state issued identification card, the individual
claiming status as a qualified patient must minimally provide the following information:

1. Satisfactory identification establishing current residency in California.

2. A current and valid medical marijuana ID card from a local governmental agency
(e.g., county) or a current and verifiable, written recommendation for marijuana
from a California licensed physician.

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3. In the absence of a valid identification card, the agent should also obtain a
written waiver from the involved individual authorizing the release of all related
medical records.

452.3.2 PRIMARY CAREGIVERS


Primary caregivers are subject to the following requirements (Health & Safety Code 11362.765):

a. A primary caregiver is not authorized to use, sell, or possess marijuana for sale.

b. A primary caregiver must provide sufficient proof that he/she is responsible for the
patient's housing, health and/or safety.

c. A primary caregiver must provide sufficient proof of personal knowledge of the patient's
medical needs and the details of the attending physician's recommendation.

d. Upon proof that a qualified primary caregiver is caring for more than one qualified
patient, he/she may aggregate possession and cultivation limits. For example, a primary
caregiver caring for three qualified patients may possess 24 ounces (eight ounces per
patient) of marijuana (Health & Safety Code 11362.7(d)(2)).

e. While qualified patients and primary caregivers may be permitted to collectively or


cooperatively associate to cultivate medical marijuana, such individuals must strictly
adhere to all non-profit and local business requirements (Health & Safety Code
11362.775).

452.3.3 CLAIM REQUIREMENTS MET


Once the handling agent is satisfied that the individual making a medicinal marijuana use claim
meets the above requirements, the agent should proceed as follows:

a. A small sample of the involved marijuana should be seized and booked into evidence.

b. Any allowable amount of marijuana left in possession of a qualified individual for the
limited purpose of medicinal use should be described and noted in the related report.

c. If the handling agent has already taken the individual into custody (vs. detention only)
prior to establishing qualification for a potential medicinal use defense and there are no
other criminal charges pending or being investigated, the individual should be released
pursuant to Penal Code 849(b).

d. If the individual remains in custody on any charge(s), the individual will not be permitted
to use marijuana while being detained or held in jail or other law enforcement facility
(Health & Safety Code 11362.785(c)).

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e. The handling agent shall complete a timely report which will be submitted to the District
Attorney with all of the aforementioned documentation for a determination of whether the
medicinal marijuana defense will apply.

452.3.4 RETURN OF MARIJUANA


Regardless of the prosecution status or disposition of any related criminal case, this department
will not be responsible for the return of any marijuana seized as evidence except as may be
required by a valid court order (Health and Safety Code 11473.5 and 21 U.S.C. 885(d)).

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458 Foot Pursuit Policy

458.1 PURPOSE AND SCOPE


Foot pursuits are inherently dangerous and require common sense, sound tactics and
heightened officer safety awareness. This policy sets forth guidelines to assist agents in making
the decision to initiate or continue the pursuit of suspects on foot by balancing the objective of
apprehending the suspect with the risk of potential injury to the agent, the public or the suspect.

458.1.1 POLICY
It is the policy of this department when deciding to initiate or continue a foot pursuit that agents
must continuously balance the objective of apprehending the suspect with the risk and potential
for injury to department personnel, the public or the suspect.

Agents are expected to act reasonably, based on the totality of the circumstances. Absent
exigent circumstances, the safety of department personnel and the public should be the primary
consideration when determining whether a foot pursuit should be initiated or continued. Agents
must be mindful that immediate apprehension of a suspect is rarely more important than the
safety of the public and department personnel.

458.2 DECISION TO PURSUE


Agents may be justified in initiating a foot pursuit of any individual the agent reasonably believes
is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate
or continue such a foot pursuit, however, must be continuously re-evaluated in light of the
circumstances presented at the time.

Mere flight by a person who is not suspected of criminal activity shall not serve as the sole
justification for engaging in an extended foot pursuit without the development of reasonable
suspicion regarding the individuals involvement in criminal activity.

Deciding to initiate or continue a foot pursuit is a decision that an agent must make quickly and
under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially
place department personnel and the public at significant risk. Therefore, no agent or supervisor
shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the
perceived risk involved.

If circumstances permit, surveillance and containment are generally the safest tactics for
apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an agent
should continuously consider reasonable alternatives to pursuit based upon the circumstances
and resources available, such as the following:

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a. Containment of the area

b. Canine search

c. Saturation of the area with personnel

d. Aerial support

e. The availability of other law enforcement agencies to assist

f. Apprehension at another time when the identity of the suspect is known or there is
information available that would likely allow for later apprehension, and the need to
immediately apprehend the suspect does not reasonably appear to outweigh the risk of
continuing the pursuit

458.3 GUIDELINES FOR FOOT PURSUIT


Unless the agent reasonably believes that exigent circumstances exist (e.g. a serious threat to
the safety of personnel or members of the public), agents should consider alternatives to
engaging in or continuing a foot pursuit under the following conditions:

a. When directed by a supervisor to terminate the foot pursuit. Such an order shall be
considered mandatory.

b. When the agent is acting alone.

c. When two or more agents become separated, lose visual contact with one another, or
obstacles separate them to the degree that they cannot immediately assist each other
should a confrontation take place. In such circumstances, it is generally recommended
that a single agent keep the suspect in sight from a safe distance and coordinate the
containment effort.

d. The agent is unsure of his/her location and direction of travel.

e. When pursuing multiple suspects and the pursuing agents do not reasonably believe
that they would be able to control the suspect should a confrontation occur.

f. When the physical condition of the agents renders them incapable of controlling the
suspect if apprehended.

g. When the agent loses radio contact with backup agents.

h. When the suspect enters a building, structure, confined space or a wooded or otherwise
isolated area and there are insufficient agents to provide backup and containment. The

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primary agent should consider discontinuing the pursuit and coordinating containment
pending the arrival of sufficient agents/allied agency personnel.

i. The agent becomes aware of unanticipated or unforeseen circumstances that

unreasonably increase the risk to agents or the public.

j. The agent reasonably believes that the danger to the pursuing agents or public

outweighs the objective of immediate apprehension.

k. The agent loses possession of his/her firearm or other essential equipment.

l. The agent or a third party is injured during the pursuit, requiring immediate assistance,
and there are no other emergency personnel available to render assistance.

m. The suspects location is no longer definitely known.

n. The identity of the suspect is established or other information exists that will allow for the
suspects apprehension at a later time, and it reasonably appears that there is no
immediate threat to department personnel or the public if the suspect is not immediately
apprehended.

o. The agents ability to safely continue the pursuit is impaired by inclement weather,
darkness or other conditions.

458.4 RESPONSIBILITIES IN FOOT PURSUITS

458.4.1 INITIATING AGENT RESPONSIBILITIES


Unless relieved by another agent or a supervisor, the initiating agent shall be responsible for
coordinating the progress of the pursuit. When acting alone and when practicable, the initiating
agent should not attempt to overtake and confront the suspect but should attempt to keep the
suspect in sight until sufficient agents are present to safely apprehend the suspect.

Early communication of available information from the involved agents is essential so that
adequate resources can be coordinated and deployed to bring a foot pursuit to a safe
conclusion. Agents initiating a foot pursuit should broadcast the following information as soon as
it becomes practicable and available:

a. Unit identifier.

b. Location and direction of travel.

c. Reason for the foot pursuit.

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d. Number of suspects and description.

e. Whether the suspect is known or believed to be armed.

Agents should be mindful that radio transmissions made while running may be difficult to
understand and may need to be repeated.

Absent extenuating circumstances, any agent unable to promptly and effectively broadcast this
information should terminate the pursuit. If the foot pursuit is discontinued for any reason,
immediate efforts for containment should be established and alternatives considered based
upon the circumstances and available resources.

When a foot pursuit terminates, the agent will notify the appropriate local law enforcement
agency having jurisdiction of his/her location and the status of the pursuit termination (e.g.,
suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear
necessary.

458.4.2 ASSISTING AGENT RESPONSIBILITIES


Whenever any agent announces that he/she is engaged in a foot pursuit, all other agents should
minimize nonessential radio traffic to permit the involved agents maximum access to the radio
frequency.

Any agent who is in a position to intercept a fleeing suspect or who can assist the primary agent
with the apprehension of the suspect, shall act reasonably and in accordance with department
policy, based upon available information and his/her own observations.

458.4.3 SUPERVISOR RESPONSIBILITY


Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to
ascertain sufficient information to direct responding resources and to take command, control
and coordination of the foot pursuit. The supervisor should respond to the area whenever
possible the supervisor does not, however, need not be physically present to exercise control
over the pursuit. The supervisor shall continuously assess the situation in order to ensure the
foot pursuit is conducted within established department guidelines.

The supervisor shall terminate the foot pursuit when the danger to pursuing agents or the public
appears to unreasonably outweigh the objective of immediate apprehension of the suspect.

Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination
point to direct the post-pursuit activity.

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458.4.4 BASE STATION RESPONSIBILITIES
Upon being notified or becoming aware that a foot pursuit is in progress, the base station
operator shall, as soon as practicable, notify the field supervisor and provide available
information. The base station operator is also responsible for the following:

a. Clear the radio channel of nonemergency traffic.

b. Repeat the transmissions of the pursuing agent as needed.

c. Relay all pertinent information to responding personnel.

d. Contact additional resources as directed by a supervisor.

e. Coordinate response of additional resources to assist with the foot pursuit.

458.5 REPORTING
The initiating agent shall complete the appropriate crime/arrest reports documenting, at
minimum, the following:

a. The reason for initiating the foot pursuit.

b. The identity of involved personnel.

c. The course and approximate distance of the pursuit.

d. Whether a suspect was apprehended as well as the means and methods used.

1. Any use of force shall be reported and documented in compliance with the
Department Use of Force Policy.

e. Any injuries or property damage.

In the event that the agent is unable to comply with this reporting requirement, the responsibility
to report shall rest with any agents who witnessed the foot pursuit.

Assisting agents taking an active role in the apprehension of the suspect shall complete
supplemental reports as necessary or as directed.

In any case in which a suspect is not apprehended and there is insufficient information to
warrant further investigation, a supervisor may authorize that the initiating agent need not
complete a formal report.

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459 Statements and Admissions of Suspects

459.1 PURPOSE & SCOPE


It is the policy of this division that its agents attempt to obtain statements and admissions from
all suspects.

459.1.1 PROCEDURE
Agents should attempt to obtain statements and admissions from all suspects. Whenever
possible, the statements or admissions should be recorded. If the agent is unable to record the
statements, a witness agent or officer should be present during the interview. Agents, including
task force agents, shall give the Miranda warning to all suspects in compliance with case law.
To ensure all suspects are given a complete and accurate Miranda warning, agents should, if
possible, read the warning to the suspects from a "Miranda Warning Card."

Spontaneous statements made by suspects outside of Miranda shall be documented in the


investigation report or asset forfeiture report.

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463 Mandatory Case Event Deconfliction Inquiries and Submissions

463.1 PURPOSE & SCOPE


Supervisors, TFCs and primary case agents are responsible for ensuring that deconfliction
inquiries are made on all subjects (i.e., addresses, vehicles, etc.) of investigations for which they
are responsible and all informants utilized during those investigations. They shall also make
intelligence database inquiries on all suspects identified during investigations.

463.2 PROCEDURE
Deconfliction inquiries will be made immediately upon identification. Where possible, the posting
of operational events into the deconfliction system should be made at least two hours in
advance of the operation.

Regional offices and DLE task forces within the Los Angeles, Orange, Riverside and San
Bernardino Counties and those that are assigned to, or receive funding from, the Central Valley
High Intensity Drug Trafficking Area (CV-HIDTA) region or the Northern California High Intensity
Drug Trafficking Area (NC-HIDTA) region shall use the Los Angeles Regional Criminal
Intelligence Clearinghouse (LA CLEAR) Intelligence and Deconfliction Watch Center ("War
Room") for all case and event intelligence deconfliction.

Regional offices and DLE task forces (and their task force members) within San Diego and
Imperial Counties shall use the San Diego Law Enforcement Coordination Center (SD-LECC)
Intelligence and Deconfliction Watch Center for all case and event intelligence deconfliction.

Absent any direction to the contrary, either due to funding source issues or local agreements,
etc., all regional offices and DLE task forces (and their task force members) within all other
counties may call either the Western States Information Network (WSIN) Intelligence and
Deconfliction Watch Center or the LA CLEAR War Room for case and event intelligence
deconfliction. Under this circumstance, it is recommended that staff utilize the Watch Center
closest to their assigned regional area of responsibility. Because the California State
Intelligence Index (CSII) used by DLE and LA CLEAR and the WSIN RISSIntel databases are
seamlessly connected, all regional offices and DLE task forces with remote access capabilities
may make deconfliction inquiries and/or submissions into RISSIntel and/or RISSafe.

All regional offices, and all DLE task forces that utilize CIMS, are required to store appropriate
investigative information on the CSII through CIMS. To ensure that proper linkages are created,
the storage of information through CIMS into CSII shall be done even if the original case and
event intelligence deconfliction was accomplished through the WSIN Intelligence and
Deconfliction Watch Center or through RISSIntel remote access.

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465 Not subject to disclosure due to agent safety concerns

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467 Not subject to disclosure due to agent safety concerns

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469 Threats Against Employees

469.1 PURPOSE & SCOPE


The purpose of this policy is to provide guidance to employees and supervisors in the event a
job-related threat of physical harm is made against an employee of this division or an
employees immediate family.

469.2 POLICY
Any employee of this division who receives information of a job-related threat of physical harm
against himself/herself, his/her immediate family members, any other employee, or any other
employee's immediate family shall, without delay, report the information to his/her immediate
supervisor.

a. The supervisor shall obtain as much information from the reporting employee as
possible, including, if known, the following details:

1. The name(s) of the threatened individual(s).

2. The bureau assignment of the threatened or related employee.

3. The source of the information concerning the threat.

4. The nature and immediacy of the threat.

5. The identity of the person(s) making the threat.

6. The reason for the threat.

7. When, where, how and to whom the threat was made.

8. Any witness(s) to the threat.

9. The reason the threat is believed to be job-related.

b. The supervisor shall immediately contact the threatened/related employees regional


manager and verbally report the information received. Additionally, the supervisor will
direct the reporting employee to immediately prepare a memorandum to the regional
manager detailing the information provided to the supervisor and the date and time it
was reported.

c. The regional manager will assess the nature of the threat and take the necessary steps
to secure the safety of the employee and/or the employee's immediate family.

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d. After taking the necessary steps to ensure the safety of the employee and/or the
employee's immediate family, the regional manager will verbally report to the Bureau
Chief the known details of the threat, the regional managers assessment of the threat,
and the steps he/she has taken to ensure the safety of the employee and/or the
employee's immediate family.

e. The regional manager will also, when appropriate, notify local law enforcement officials
of the threat and provide the local officials all known information concerning the threat to
aid them in their role in protecting the safety of the employee and/or the employee's
family in the investigation of the threat and, when appropriate, the apprehension of the
person(s) making the threat.

f. The regional manager will, within 24 hours of being notified of the threat, send a
memorandum to bureau headquarters detailing the information received concerning the
threat, the regional managers assessment of the threat, the steps taken to protect the
immediate safety of the employee and/or the employee's family, and the steps being
taken to resolve or remove the threat.

g. After the immediate safety of the employee and/or the employee's family has been
ensured or it is determined that the threat is not job-related, the continuing safety of the
employee and/or the employee's family shall be the responsibility of the appropriate local
agency. If, however, the threat is job-related and the Bureau Chief determines there will
be an ongoing need to provide protection to the employee and/or the employee's family,
the regional manager shall submit a proposal to the Bureau Chief for providing such
protection, the resources needed to provide the protection, and the steps being taken to
resolve the threat.

h. The Bureau Chief will establish the manner and frequency of reports from the regional
manager to the Bureau Chief concerning the situation until the matter is resolved.

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Chapter 5 - Traffic Operations

510 Vehicle Towing and Release


510.1 PURPOSE AND SCOPE
Refer to the California Peace Officers Legal Sourcebook (Policy Manual 106.5.3) for issues
relating to vehicle impounds and inventories.

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Chapter 6 - Investigation Operations

600 Investigation and Prosecution

600.1 PURPOSE AND SCOPE


When assigned to a case for initial or follow-up investigation, agents shall proceed with due
diligence in evaluating and preparing the case for appropriate clearance or presentation to a
prosecutor for filing of criminal charges.

600.2 MODIFICATION OF CHARGES FILED


Employees are not authorized to recommend to the District Attorney, Attorney General, or to
any other official of the court that charges on a pending case be altered or the case dismissed.
In all cases resulting in court prosecution, any request to modify the charges filed or to
recommend dismissal of charges in a pending case shall be made to the District Attorneys
Office or Attorney Generals Office only as authorized by a Bureau Chief or the Director.

600.3 CUSTODIAL INTERROGATION REQUIREMENTS


Refer to Chapter 7, Section III of the California Peace Officers Legal Sourcebook (Policy Manual
106.5.3) for issues related to this subject matter.

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601 Investigative Funds

601.1 PURPOSE AND SCOPE


The Investigative Fund is authorized by Health and Safety Code 11454 for the purchase of
controlled substances for evidence and in the employment of operators to obtain evidence by
agents of this department.

601.2 CONTROL OF INVESTIGATIVE FUNDS


The Bureau Chief is responsible for all funds expended by the regional offices from the
Revolving Fund. Reports of expenditures shall be forwarded on Operator-Evidence Expense
Vouchers (JUS 901) to the Bureau Chief for review or approval as appropriate. After approval,
the vouchers shall be forwarded to DAS for accounting and auditing purposes. DAS reimburses
the appropriate SAC by check.

601.2.1 ACCOUNTABILITY FOR INVESTIGATIVE FUNDS


Each SAC and TFC is accountable for the proper disbursement and control of the monies held
in or disbursed from the Investigative Fund and for the submission of Operator-Evidence
Expense Vouchers.

601.3 CASH FUND AUDIT


Regional office and task force Investigative Funds must be audited on a monthly basis.

a. Definitions

1. Permanent Operator Evidence Fund Allocation - A permanent investigative fund


advance allocated to the regional office for utilization for its operation. The
amount that each unit receives is authorized by the Bureau Chief.

2. Temporary advance - A temporary investigative fund advance allocated to the


regional office for utilization for its operation in addition to the permanent
investigative fund. The amount of the temporary advance is authorized by the
Bureau Chief.

3. Flash Rolls - Also referred to as temporary advances, flash rolls are used to
assist in the purchase of evidence and are drawn from the Revolving Fund
account. These temporary advances are used by agents to show the individual
that they have the money to make an evidence purchase. Flash rolls are not
used to purchase the evidence and should be distinguished from the regular
investigative fund money, which are used to make the actual evidence purchase.

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4. Outstanding Temporary Advance - Flash rolls received in a prior month that have
not been returned to the Revolving Fund account and are retained by the
regional office/task force at the end of the previous month.

5. New Temporary Advance - Current month flash rolls drawn from the Revolving
Fund account and retained by the regional office/task force at the end of the
month.

6. Repayment of Temporary Advance - Deposit/return of the current and/or prior


month flash rolls to the Revolving Fund account for the current month Cash Fund
Audit Report

7. Uncashed Reimbursement Checks - Revolving Fund check(s) the regional office


received from DAS Accounting for the reimbursement of previously submitted
Operator Evidence Expense Vouchers, that have been not deposited or cashed
at the end of the month

8. Outstanding Vouchers:

a. Regional Office - Outstanding Vouchers are the Operator Evidence


Expense vouchers that have been submitted by agents and/or SAS/TFCs
for the expense of evidence funds to the SAC, and the vouchers have not
been submitted to bureau headquarters/DAS Accounting for
reimbursement at the end of the month.

b. Task Force - Outstanding Vouchers are the Operator Evidence Expense


Vouchers that have been submitted by agents for the expense of
evidence funds to the SAS/TFC but have not been submitted to the
regional office for return of advance at the end of the month.

9. Outstanding Advance to Agents:

a. Regional Office - Outstanding advances to agents are evidence funds


assigned by the SAC to agents and/or SAS/TFCs that operate from the
regional office that have not been returned at the end of the month.

b. Task Force - Outstanding advances to agents are evidence funds


assigned by the SAS/TFC to agents for field operations that have not
been returned at the end of the month.

b. Regional Offices:

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1. At the end of each month, the SAC shall conduct an audit of the state
Investigative Funds assigned to his/her regional office. The cash fund audit shall
be conducted by a designated "auditor" not associated with the funds. The audit
shall be prepared using the DOJ Cash Fund Audit form (JUS A-70, available on
the DOJ Intranet), which shall reconcile cash on hand, uncashed reimbursement
checks, completed vouchers, special advances (flash rolls and additional
evidence advances) received by the office, and cash advances assigned to
agents.

2. By the fifth calendar day of every month, the SAC or designee shall contact the
DAS Revolving Fund Unit to obtain a faxed copy of their regional office's open
item report. This report lists funds advanced to the regional office during the
previous month and shall be used as the basis when completing the JUS A-70 to
ensure compatibility with DAS accounting records. Questions regarding the
completion of the JUS A-70 form should be directed to, and open item lists
should be requested from, the DAS Revolving Fund Unit at (916) 324-5076.

3. Upon completion of the JUS A-70 form, the SAC shall sign this form as the
"Custodian," and the person conducting the audit shall sign as the "Auditor." All
JUS A-70 forms shall be completed and forwarded, with original signatures, to
DAS by the fifteenth day of the following month for which the form is completed.
The form shall be mailed via U.S. mail to the DAS Accounting Office - Revolving
Fund Unit, P. O. Box 944256, Sacramento CA 94244-4256. A copy shall also be
forwarded to bureau headquarters by the fifteenth of the month. The regional
office shall maintain copies of all monthly audit reports on file, in accordance with
DOJ's records retention schedule.

c. Task Forces:

1. At the end of each month, the TFC shall direct an audit of all Investigative Funds
(State, task force, local or WSIN) assigned to his/her office from the regional
office. A designated person not associated with the funds shall conduct the cash
fund audit. The audit shall be prepared using the JUS A-70 form, which shall
reconcile cash on hand, completed vouchers, special advances (flash rolls and
additional evidence advances) received by the task force office, and cash
advances.

2. Upon completion of the JUS A-70 form, the TFC shall sign this form as the
"Custodian" and the person conducting the audit shall sign as the "Auditor." The
JUS A-70 forms, with original signatures, shall be completed and forwarded to
the task force's regional office SAC by the tenth working day of each month. The
task force and regional office shall both maintain copies of all task force monthly
cash audit reports on file, in accordance with DOJ's records retention schedule.

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The audit records for the task force, local and WSIN funds shall be maintained
separately from state funds audit records.

3. The regional office shall maintain a file of the JUS A-70 forms submitted by the
Task Forces assigned to the regional office. The JUS A-70 forms shall be filed
chronologically and by task force. The JUS A-70 shall indicate when the form
was received by the regional office, and the SAC shall initial and date that he/she
has reviewed the JUS A-70.

d. Cash Fund Audit Report:

1. Regional Office - The SAC is accountable for Investigative Funds expended by


the regional office from the Permanent Operator Evidence Fund Allocation. The
accountability of the funds is reported on the JUS A-70. This report is also
referred to as the cash fund audit report.

2. Task Force - The SAS/TFC is accountable for Investigative Funds expended by


the task force from the advance to agent by the SAC. The accountability of the
funds is reported on the JUS A-70.

e. JUS A-70 Operator Evidence Cash Fund Audit Report:

1. At the end of each month, the SAC and TFC(s) shall conduct an audit of the state
Investigative Funds assigned to his/her regional office/task force. The Cash Fund
Audit shall be conducted by a designated "auditor"/ person not associated with
the funds. The audit shall be prepared using the JUS A-70 form, which shall
reconcile cash on hand, uncashed reimbursement checks, completed vouchers,
special advances (flash rolls and additional evidence advances) received by the
office, and cash advances assigned to agents and/or task forces.

2. Questions regarding the JUS A-70 form should be directed to the DAS Revolving
Fund Unit at (916) 324-5076.

601.4 INVESTIGATIVE FUND EXPENDITURE AUTHORITY


The maximum amount that may be expended, without prior approval, by the SACs in each
bureau for the purchase of evidence, the employment of informants or operators, payment of
investigation expenses, witness protection, and undercover gambling, is $10,000. The standard
$10,000 limit may be reduced at the discretion of the Bureau Chief or for budgetary reasons by
the Director, Deputy or Assistant Director or DAS.

Any expenditure in excess of the authorized amount shall be approved in advance by the
Bureau Chief or Assistant Chief. In the event a SAC has expended his/her annual allotment of
Investigative Funds, the SACs spending authority is suspended until there has been an

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approved augmentation to his/her annual allotment. The SAC may request an augmentation of
their allotment in writing through the Bureau Chief to the Director or designee. The request shall
state the amount requested and the reason the augmentation is needed. Requests shall be
considered on a case-by-case basis. Augmentations are Investigative Funds and shall be
expended in accordance with this manual. Approval of an augmentation shall not be considered
a permanent increase in the regional office's Investigative Fund allotment.

SACs shall establish spending authorizations for SASs under their command. The spending
authorizations permit the SASs to expend Investigative Funds without the prior specific approval
of the SAC. The authorization shall be in writing and shall identify the limits of the
authorizations. SASs without written spending authority, or whose spending authority has been
suspended in writing, shall obtain approval from the SAC prior to the expenditure of any
Investigative Funds.

Spending authorizations may vary between regional offices and between SASs within the same
regional office, including those SASs assigned as TFCs. The authorizations may also be
different for the purchase of evidence, payment for information and informant services, payment
for investigation expenses, and payment for witness protection.

Agents shall obtain specific supervisory approval prior to the expenditure of any Investigative
Funds.

SASs assigned to task forces shall establish spending authorities for only those agents or
officers acting as second in command. If established, those authorizations shall be in writing,
and a copy shall be given to the second-in-command and the SAC. All other task force agents
shall obtain prior supervisory approval to spend Investigative Funds, regardless of whether the
funds are state or local funds.

601.5 RECEIPT OF MONEY ADVANCED - SACS


When Investigative Funds are issued to a SAS, TFC, or Special Agent by the SAC, a triplicate
Fund Advance IOU Receipt form (JUS 8849) shall be completed by the receiving SAS, TFC, or
Special Agent. SACs shall also complete a JUS 8849 whenever they obtain a cash advance.
The JUS 8849 shall contain the date, the amount advanced (numerically and spelled out), either
an investigation number or a short explanation as to the specific purpose for which the funds
were drawn, the program code, and the signatures of the SAC and the receiving SAS, TFC, or
Special Agent. The top copy of the JUS 8849 shall be placed in the cash box. The second copy
of the JUS 8849 shall be left in the receipt book, which is maintained by the SAC. The bottom or
third copy shall be issued to the receiving SAS, TFC, or Special Agent.

At no time shall agents use personal funds to conduct field operations or investigative activities,
or to purchase evidence or pay for information.

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All funds advanced shall be accounted for within 35 days by either a return of the money or a
properly completed JUS 901. At that time, a new JUS 8849 shall be completed if the individual
clearing the receipt retains or draws Investigative Funds. TFCs shall clear the receipt within 65
days, rather than 35 days. When the JUS 8849 receipt has been cleared, the issuing SAC shall
enter the date the receipt was cleared, sign the JUS 8849 as the clearing signature, and add the
appropriate investigation number if it differs from the original investigation number written on the
JUS 8849, or add an investigation number if none was drawn at the time the funds were issued.
The SAC shall note on the receipt the voucher numbers, total amount in vouchers, and amount
of cash returned when clearing a receipt for money advanced. These notations shall be made
on both the JUS 8849 in the cash box and the JUS 8849 in the receipt book. The copy of the
JUS 8849 in the receipt book shall be retained in the receipt book by the SAC for three years
from the date of issue. The top copy shall be taken from the cash box and given to the person
clearing the receipt.

601.5.1 RECEIPT OF MONEY ADVANCED - SAS


When Investigative Funds are issued to a Special Agent by an SAS or TFC, a triplicate JUS
8849 receipt shall be completed by the Special Agent. The JUS 8849 receipt shall contain the
date, the amount advanced (written both numerically and in cursive), either an investigation
number or a short explanation as to the specific purpose for which the funds are drawn, and the
signature of both the SAS/TFC and the receiving Special Agent. The top copy of the JUS 8849
shall be placed in the cash box. The second copy of the JUS 8849 shall be left in the receipt
book, which is maintained by the SAS/TFC. The bottom or third copy shall be issued to the
receiving Special Agent.

All funds advanced shall be accounted for within 35 days by either a return of the money or a
properly completed Operator-Evidence Expense Voucher. At that time a new JUS 8849 shall be
completed if the individual retains or draws Investigative Funds. When the JUS 8849 receipt has
been cleared, the issuing SAS or TFC shall enter the date the receipt was cleared, sign the JUS
8849 as the clearing signature, and add the appropriate investigation number if it differs from
the original investigation number written on the JUS 8849, or add an investigation number if
none was drawn at the time the funds were issued. The SAS or TFC shall note on the receipt
the voucher numbers, total amount in vouchers, and amount of cash returned when clearing a
receipt for money advanced.

These notations shall be made on both the JUS 8849 in the cash box and the JUS 8849 in the
receipt book. The copy of the JUS 8849 in the regional office receipt book shall be retained in
the receipt book by the SAC for three years from the date of issue. The copy of the JUS 8849 in
the TFCs receipt book shall be retained in the receipt book by the TFC for three years from the
date of issue. The top copy shall be taken from the cash box and given to the person clearing
the receipt.

In instances where units expend state funds and other issued funds such as task force, local, or
WSIN funds, the SAC, SAS, or TFC shall use a JUS 8849 book for state issued funds and a

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separate JUS 8849 book for other investigative funds such as task force funds, local, WSIN
funds, etc. The JUS 8849 book for state funds shall be clearly marked as such to avoid
confusion. When using the "Other Funds" JUS 8849 book, the issuer shall clearly list the
funding source on the individual receipt, i.e., task force funds, local funds, WSIN funds, etc.

601.6 PURCHASE OF EVIDENCE, INFORMATION, PAYMENT OF


INVESTIGATION EXPENSES, AND WITNESS PROTECTION
The Operator-Evidence Expense Voucher (JUS 901) shall be utilized for the expenditure of
Investigative Funds. These funds shall be limited to: 1) purchase of evidence, 2) payment for
information and informant services, 3) payment of investigation expenses, and 4) witness
protection. Voucher numbers are automatically generated by CIMS for official case files. An
informant number shall be a required field if the type of expense selected is related to an
informant. The CIMS Expenditure Report shall be used for tracking all expenditures.

a. Purchase of evidence: Funds may be used in the undercover purchase of different types
of evidence related to the accomplishment of the mission. All vouchers for the purchase
of evidence shall contain an investigation number and the evidence item number of the
evidence purchased.

b. Payment for information and informant services: Funds may be used to pay informants
for information or specific services rendered in furtherance of an investigation. Vouchers
for payments to informants shall contain an investigation number.

c. Payment of investigation expenses: Funds may be used for expenses directly relating to
a specific investigation wherein normal state purchasing methods are inappropriate
because of timeliness or circumstances. Typical examples include undercover rental
vehicles, undercover or surveillance rooms, film, batteries, undercover meeting
expenses such as refreshments or food, and per diem or travel expenses for informants.
All vouchers for investigation expenses shall contain an investigation number.

1. Funds for investigation expenses shall not be used to circumvent normal


purchasing or contracting procedures.

2. Funds may also be used for translation services provided the following
procedures are followed.

a. The SAC shall ensure that the need for the services is time critical and/or
relates to a confidential case. A written request specifying these reasons
shall be submitted to the appropriate Bureau Chief for review on a case-
by-case basis.

b. The funds shall not be expended without written approval from the
Bureau Chief.

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c. The costs per request shall not exceed $1,000 without written approval
from the Director or designee.

d. A copy of the written approval for the translation services from the Bureau
Chief or Director shall be filed with the regional office copy of the
vouchers.

3. All personnel shall attempt to utilize the Service Authorization form (JUS A400) or
State contracting process prior to expending Investigative Funds for services.

d. Payment for witness protection: Funds may be used to provide protection for witnesses
for such expenses as relocation, per diem, housing, transportation, etc., after an
investigation is completed and while awaiting court. All vouchers for witness protection
expenses shall contain an investigation number. Indicate "witness protection" under
voucher recap.

601.7 SUBMISSION OF VOUCHERS


Completed Operator-Evidence Expense Vouchers shall be logged and forwarded by the SAC to
bureau headquarters within 90 days. SACs should submit vouchers as they are completed to
facilitate the timely reimbursement of funds. TFCs shall route vouchers to their SAC for
processing as soon as practical, but no later than 65 days after issuance. However, all vouchers
shall be submitted prior to the end of the fiscal year.

601.8 REIMBURSEMENT TO THE INVESTIGATIVE FUND


Reimbursement checks covering the amount of expenditures are issued by DAS. Upon receipt
of these checks, the SAC shall check and compare the voucher numbers and amounts on the
check print out against copies of submitted vouchers, which are held in the regional office files,
to ensure accuracy. In the event of any discrepancies, the check(s) shall not be cashed, and
DAS shall be contacted for instructions regarding the check(s). The date of reimbursement and
the check number shall be entered in blocks 31 and 32 on the JUS 901.

601.9 EXCESS FUNDS


A common investigative technique used during covert investigations of gaming establishments
is undercover gambling, wherein State funds are expended to enhance, prove, demonstrate or
produce information pertaining to a violation of any governing ordinance, regulation, or law by a
targeted gaming site. State funds are expended and reported in accordance with the procedures
of this policy; however, this use of State funds is unique in that the funds may be lost
(expended) or won (excess). For the purpose of this section, the term operation refers to
investigative activity occurring at a single establishment on a single day.

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In order to preserve the integrity of the operation, agents should have a law enforcement
witness present whenever possible while gambling undercover with State funds. It is appropriate
for agents to continue to gamble with excess funds during the same shift and at the same
gaming establishment at which the funds were won. After the agent has left the gaming
establishment at which the excess funds were won, the funds shall not be used for any other
operation.

Currency that is won or seized at an illegal game or event shall be handled and processed as
evidence. Excess currency that is won or seized at a legal game or event shall be handled as
winnings and reconciled in the following manner at the conclusion of every such operation:

a. Any funds up to the amount of the original advance shall be submitted to the supervisor
to be returned to the investigative fund.

b. If all or part of the original advance was lost, the loss shall be reported as an expenditure
using a JUS 901.

c. Any winnings in excess of the amount of the original advance shall be tracked in a
Miscellaneous Revenue Receipt (MRR) log and submitted to DAS Accounting in
accordance with the following procedures:

1. The agent shall count the excess funds, complete Section A of the Miscellaneous
Revenue Receipt form (JUS 8737) and deliver the funds and the JUS 8737 to the
SAC as soon as possible.

2. When excess funds are submitted to the SAC, he/she shall verify the count, log the
funds and store them in the SAC safe. The blue copy of the JUS 8737 is then given
to the agent for placement in the case file.

3. The SAC shall ensure that the funds are delivered to DAS Accounting within 90 days
and note the transfer in the MRR log. DAS will complete and retain the white
(original) page of the JUS 8737; the pink copy is returned to the office and stored in
the offices MRR file.

601.10 REGIONAL OFFICE EXPENDITURE REPORTS


SACs are responsible for generating a monthly expenditure report in CIMS, sorted by voucher
number. These reports may be sorted by voucher number, investigation number, program code,
or confidential informant identification number. The SAC shall maintain a file of monthly
expenditure reports printed from CIMS. The expenditure report shall be signed and dated by the
SAC when it is reviewed and reconciled with the monthly cash audit.

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601.10.1 TASK FORCE EXPENDITURE LOG
TFCs shall maintain monthly expenditure reports or logs which reflect the expenditure of state
and/or task force Investigative Funds. Task forces that use State funds shall use the expense
log generated from CIMS to account for the expenditure of Investigative Funds. The TFC shall
either print out or obtain from the regional office a printout of all Investigative Funds expended
on a monthly basis. The TFC shall review, correct if necessary, and sign the monthly
expenditure report by the tenth of each month. A file of the monthly expenditure logs shall be
maintained by each task force.

If the task force is not using State funds for investigations, a log or ledger shall be kept to
account for the expenditure of task force or other investigative funds. This log shall be kept at
the task force in a bound ledger and shall include the date of expenditure, investigation number,
payer's name, task force voucher number, type of expenditure (evidence, information,
investigation expenses, or witness protection), and amount of expenditure. This log shall be
maintained and reviewed on a monthly basis and shall show the totals of all monies expended
in each category and the total amount of funds expended for the month. The TFC shall review,
correct if necessary, and sign the log by the tenth of each month. The regional office SAC shall
review, initial, and date the bound ledger each month.

Automated logs may be used in lieu of bound ledgers for Investigative Funds other than State
funds, upon the recommendation of the SAC and the approval of the Bureau Chief. The
automated expenditure log shall contain the same information required in the bound ledger. In
addition, a printout of the log shall be made each month for review, correction if necessary, and
signature by the SAC and the TFC by the tenth of each month. A file of the printouts shall be
maintained at the regional office and at the task force.

601.11 THEFT OR LOSS OF INVESTIGATIVE FUNDS


Funds drawn by an agent shall be secured at all times. Should a theft or loss of state funds
occur, the SAC shall immediately initiate an investigation into the circumstances and notify their
Bureau Chief who shall immediately notify the Deputy or Assistant Director. The results of the
investigation shall be forwarded to the Chief, accompanied by the SACs evaluations and
recommendations. The Chief shall immediately forward a copy of the results of the investigation
and recommendations to the Deputy or Assistant Director. If the funds were stolen, a report to
the appropriate police agency shall be made by the SAC. In order to replenish lost funds, SAM
8072 through 8072.3 shall be followed.

When a loss or theft of funds drawn by an agent occurs, and after review of the facts
surrounding such theft or loss it is determined that the agent responsible for the funds was
negligent, DLE may initiate action to discipline the agent and/or recover from him/her the
amount of the lost funds.

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When the loss or theft of funds drawn by a non-DOJ officer assigned to a task force occurs, and
after review of the facts surrounding such theft or loss, if it is determined that the officer
responsible for the funds was negligent, DLE may initiate action to recover from him/her the
amount of lost funds. The Bureau Chief shall ensure that a report of the incident is submitted to
the officer's parent agency for appropriate action.

Each task force shall develop unit specific manual language establishing policies and
procedures for addressing the theft or loss of non-state investigative funds.

601.12 RECOVERED MONEY RECEIPTS


When Investigative Funds have been expended and the expended funds are recovered, the
recovery shall be documented by use of an RMR form (JUS 806) within ten days. Instructions
for completion and routing are on the form. The voucher that documents the expenditure of
State funds that are subsequently recovered shall be updated to reflect the recovery of the
funds and the RMR number.

SACs and TFCs shall maintain an RMR log book. This log book shall show the RMR number,
date money was recovered, amount of money recovered, date the SAC or TFC received the
funds, defendant's name, investigation number, date of disposition, and name of the agent
submitting the recovered funds. Upon receipt of the money, the SAC/SAC or TFC shall
personally count the currency and maintain it in a completed evidence envelope.

Upon final disposition of cases in which money has been held, the money shall be converted to
a check or money order and forwarded to DAS Accounting immediately as indicated in the
instructions on the RMR.

The SAC may delegate this responsibility to TFCs for State money recovered by the task forces,
but shall approve the procedure used. The TFC shall neither delegate this responsibility to
another office or agency nor store the recovered money with another agency.

RMRs are assigned by the SAC to TFCs for State money recovered by task forces. Completed
forms shall first be routed through the regional office SAC before being sent to DAS. A copy of
the RMR shall be retained in a regional office file, to be replaced with a copy of the completed
disposition RMR when sent to DAS along with the currency.

Each task force shall develop unit-specific manual language establishing policies and
procedures addressing the recovery of non-State investigative funds.

601.13 Not subject to disclosure due to agent safety concerns

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602 Sexual Assault Victims DNA Rights

602.1 PURPOSE AND SCOPE


Consistent with Penal Code 293 and the Sexual Assault Victims DNA Bill of Rights (Penal
Code 680), this policy will establish a procedure by which sexual assault victims may inquire
about and be provided with information regarding the status of any DNA evidence in their case,
their right to confidentiality and other rights afforded by law.

602.2 INVESTIGATION CONSIDERATIONS

602.2.1 VICTIM CONFIDENTIALITY


Agents investigating or receiving a report of an alleged sex offense shall inform the victim, or the
victims parent or guardian if the victim is a minor, that his/her name will become a matter of
public record unless the victim requests that his/her name not be made public. The reporting
agent shall document in his/her report that the victim was properly informed and shall include
any related response made by the victim, or if a minor, any response made by the victims
parent or guardian (Penal Code 293 (a) and (b)).

a. Except as authorized by law, members of this department shall not publicly disclose the
name of any victim of a sex crime who has exercised his/her right to confidentiality
(Penal Code 293 (d) and (f)).

b. Except as authorized by law, members of this department shall not publicly disclose the
address of any victim of a sex crime (Penal Code 293(c)).

602.2.2 OFFICER RESPONSIBILITY


When an agent becomes aware of an alleged sex offense, he/she shall immediately notify the
local law enforcement agency having jurisdiction. The agent may assist the local agency with its
investigation, if requested.

602.3 TESTING OF SEXUAL ASSAULT EVIDENCE


a. Subject to available resources and other law enforcement considerations which may
affect the ability to process and analyze rape kits or other sexual assault victim evidence
and other crime scene evidence, any member of this department assigned to investigate
a sexual assault offense (Penal Code 261, 261.5, 262, 286, 288a or 289) should take
every reasonable step to ensure that DNA testing of such evidence is performed in a
timely manner and within the time periods prescribed by Penal Code 803(g).

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b. If, for any reason, DNA evidence in a sexual assault case in which the identity of the
perpetrator is in issue is not going to be analyzed within two years of the crime, the
assigned agent shall notify the victim of such fact in writing within no less than 60 days
prior to the expiration of the two-year period (Penal Code 680(d)).

602.4 VICTIM NOTIFICATION OF DNA STATUS


a. Upon receipt of a written request from a sexual assault victim or the victims authorized
designee, the assigned agent may inform the victim of the status of the DNA testing of
any evidence from the victims case.

1. Although such information may be communicated orally, the assigned agent should
thereafter follow-up with and retain a copy of confirmation by either written or
electronic mail.

2. Absent a written request, no member of this department is required to, but may,
communicate with the victim or victims designee regarding the status of any DNA
testing.

b. Subject to the commitment of sufficient resources to respond to requests for information,


sexual assault victims shall further have the following rights:

1. To be informed whether or not a DNA profile of the assailant was obtained from the
testing of the rape kit or other crime scene evidence from their case.

2. To be informed whether or not the DNA profile of the assailant developed from the
evidence has been entered into the Department of Justice Data Bank of case
evidence.

3. To be informed whether or not there is a match between the DNA profile of the
assailant developed from the evidence and a DNA profile contained in the
Department of Justice Convicted Offender DNA Database, provided that disclosure
would not impede or compromise an ongoing investigation.

c. Provided that the sexual assault victim or victims designee has kept the assigned agent
informed with regard to current address, telephone number and email address (if
available), any victim or victims designee shall, upon request, be advised of any known
significant changes regarding the victims case.

1. Although such information may be communicated orally, the assigned agent should
thereafter follow-up with and retain a copy of confirmation by either written or
electronic mail.

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2. No agent shall be required to or expected to release any information which might
impede or compromise any ongoing investigation.

602.5 DESTRUCTION OF DNA EVIDENCE


Any destruction of evidence related to a sexual assault shall occur only after victim notification is
made as required pursuant to Penal Code 680 and only in compliance with Policy 804.

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606 Asset Forfeiture Policy

606.1 PURPOSE AND SCOPE


The Divisions complete procedures for handling forfeited or seized assets and seizing assets
for forfeiture consideration in the form of currency, real estate, automobiles, boats, aircraft, or
any other items of value may be found in the DLE Asset Forfeiture Manual, which is available on
the Intranet.

606.2 ASSET SEIZURE AUTHORITY


Health & Safety Code 11470 provides for the forfeiture of any currency and real and/or
personal property that represents proceeds from, or was used to facilitate, narcotic activity in
violation of the Health & Safety Code. The offense(s) must involve the manufacture, distribution,
transportation for sale, sale, possession for sale, offer for sale, offer to manufacture, or
conspiracy to commit certain Health & Safety Code violations.

Health & Safety Code 11488(a) specifies that any peace officer having probable cause may
seize all moneys, negotiable instruments, securities, vehicles, boats, airplanes or other things of
value which are forfeitable pursuant to Health & Safety Code 11470 (e) or (f).

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608 Not subject to disclosure due to agent safety concerns

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609 Not subject to disclosure due to agent safety concerns

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611 Not subject to disclosure due to agent safety concerns

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615 Interaction with Prisoners and Defendants

615.1 PURPOSE AND SCOPE


This policy governs employee recommendations regarding, and intercession on the behalf of,
prisoners and defendants.

615.2 RECOMMENDING ATTORNEYS OR BAIL BONDSMEN


No employee shall, in an official capacity, recommend to any suspect, defendant or prisoner,
either directly or indirectly, the employment of any specific person or firm as an attorney or bail
bondsman. If such a request is made, the employee may provide a telephone directory, if
available, to the requester.

615.2.1 RECOMMENDING BAIL


Employees may make bail recommendations only with the approval of regional management
and in accordance with Penal Code 1269c.

615.3 INTERCEDING FOR DEFENDANTS


No employees shall intercede on behalf of a defendant to obtain a complaint rejection, a
reduction in charges, or the dismissal of charges without first consulting with, and obtaining the
approval of, the prosecutor.

Contact for this purpose shall be made only with the approval of regional management. No
employee shall use his/her official capacity to intercede for a defendant facing charges that do
not have a direct correlation to the employees official duties. Refer to Policy Manual 600.2.

615.4 DISCUSSING PROSECUTION ACTION


No employee shall make commitments to a prisoner or his/her counsel regarding the
prosecution action to be taken without the prior approval of regional management and, if the
prisoner is a confidential informant, in conformance with Policy Manual 608.

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Chapter 7 - Equipment

700 Department-Owned and Personal Property

700.1 PURPOSE AND SCOPE


Department employees are expected to properly care for Department property assigned or
entrusted to them. Employees may also suffer occasional loss or damage to personal or
Department property while performing their assigned duty. Certain procedures are required
depending on the loss and ownership of the item.

700.2 CARE OF DEPARTMENTAL PROPERTY


Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and
replacement of Department property assigned or entrusted to them. An employees intentional
or negligent abuse or misuse of department property may lead to discipline including, but not
limited to the cost of repair or replacement.

a. Employees shall promptly report through their chain of command, any loss, damage to,
or unserviceable condition of any Department-issued property or equipment assigned for
their use.

b. The use of damaged or unserviceable department property should be discontinued as


soon as practical and replaced with comparable Department property as soon as
available and following notice to a supervisor.

c. Except when otherwise directed by competent authority or required by exigent


circumstances, Department property shall only be used by those to whom it was
assigned. Use should be limited to official purposes and in the capacity for which it was
designed.

d. Department property shall not be thrown away, sold, traded, donated, destroyed, or
otherwise disposed of without proper authority.

e. In the event that any Department property becomes damaged or unserviceable, no


employee shall attempt to repair the property without prior approval of a supervisor.

700.3.1 REPORTING REQUIREMENT


The responsibility to report lost, stolen or damaged Department property falls to the employee to
whom the item was issued or, in the case of pool equipment, the employee who was using the
item at the time of the loss, theft or damage. A verbal report shall be made to the employees

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immediate supervisor as soon as circumstances permit. Immediately upon discovery of the loss
or theft of any Department property, the employee shall notify the appropriate local law
enforcement agency and request a report.

a. A written report shall be submitted within 48 hours.

1. A copy of the police report, if any, shall be attached.

b. The supervisor shall carefully review the circumstances surrounding the loss, theft or
damage and shall submit a memorandum to the Deputy or Assistant Director, via his/her
chain of command, that shall include an outline whether the loss, theft or damage was
the result of apparent negligence or misuse and indicate the need for replacement.

1. A copy of the employee's memorandum and police report, if any, shall be attached to
the supervisors memorandum.

c. The lost, stolen or damaged item may be replaced with the Deputy or Assistant

Directors approval.

d. The employees supervisor will notify him/her if the loss, theft or damage is determined
to have been caused by his/her negligence or misuse.

This policy applies to all Department property, including but not limited to vehicles, firearms,
control devices, uniforms, identification cards, badges, credit cards, personal communication
devices and IT equipment, and is in addition to the Departments reporting requirements found
in DOJAM 11280 et seq.

The theft of any personal property from a DOJ facility should be reported to the CHP; the
Deputy or Assistant Director, Bureau Chief, and Facilities Protection Unit should be provided
with copies of the CHPs report.

700.3.2 REPORTING THEFT, EMBEZZLEMENT OR FRAUD


Employees are expected to safeguard state assets such as evidence, information and funds. All
incidents of actual or suspected theft, embezzlement, or fraud occurring on DOJ property shall
be reported, through the employee's supervisor, to the Bureau Chief verbally within 24 hours of
discovery. Such incidents include but are not limited to embezzlement of state funds, theft or
loss of evidence, obtaining or distributing confidential or sensitive materials or information
without permission, and making improper payments such as bribes or kickbacks.

A memorandum detailing the incident shall be submitted to the Deputy or Assistant Director, via
the Bureau Chief, within 48 hours of discovery. The memorandum shall describe the missing
item(s), the location of the incident, how it was discovered, and any supporting evidence. The

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employee's bureau will conduct the preliminary review and forward the results to the Deputy or
Assistant Director, who will determine any further action.

700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER


Agents and other employees intentionally or unintentionally may cause damage to the real or
personal property of another while performing their duties. Any employee who damages or
causes to be damaged any real or personal property of another while performing any law
enforcement functions, regardless of jurisdiction, shall report it as provided below.

a. A verbal report shall be made to the employees immediate supervisor as soon as


circumstances permit.

b. A written report shall be submitted before the employee goes off duty or within the time
frame directed by the supervisor to whom the verbal report is made.

700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY


If employees of another jurisdiction cause damage to real or personal property belonging to the
State, it shall be the responsibility of the employee present or the employee responsible for the
property to make a verbal report to his/her immediate supervisor as soon as circumstances
permit. The employee shall submit a written report before the employee goes off duty or as
otherwise directed by the supervisor.

These written reports, accompanied by the supervisors written report, shall promptly be
forwarded to the appropriate Bureau Chief.

700.5 ACQUISITION OF PROPERTY


Property shall be acquired in accordance with established State and Department purchasing
procedures, which may be found in DOJAM 11100 et seq., or the alternate methods of
acquisition outlined in 700.5.1. Each supervisor is expected to evaluate the operational
necessity of the item(s) being acquired prior to granting approval.

700.5.1 ALTERNATE METHODS OF ACQUISITION


Equipment may occasionally be acquired through methods other than the regular purchasing
process.

a. Equipment may be obtained through an order of the appropriate court of jurisdiction


provided the equipment obtained shall be used in the furtherance of an investigative
and/or enforcement effort.

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b. Firearms may be accepted under the following conditions:

1. The firearm is needed by BFS for its reference collection and approved by the
Bureau Chief. The regional manager shall submit a memorandum to bureau
headquarters explaining the need for the weapon, and requesting permission to
acquire the weapon. If the Bureau Chief approves the acquisition, he/she will
respond in writing to the laboratory and a copy of his/her response will be forwarded
to the DLE Firearms Officer. If the request is approved, the regional manager is
responsible for ensuring that the proper court orders are obtained to transfer
ownership of the firearm to the DOJ and the firearm is added to AMS.

2. The firearm meets the Division's policy requirements set forth in 312 (and, if a
shoulder weapon, 432) and is approved by both the DLE Firearms Officer and the
Bureau Chief. The SAC will submit to the Bureau Chief a written request that
explains in detail why the firearm is needed. The Bureau Chief shall submit his/her
approval to the DLE Firearms Officer. If the DLE Firearms Officer and the Bureau
Chief disagree regarding the suitability of the firearm, the Deputy or Assistant
Director will be the final deciding authority on whether the firearm will be accepted. If
the request is approved, the SAC is responsible for ensuring that the proper court
orders are obtained to transfer ownership of the firearm to the DOJ.

3. The firearm is needed by the DLE Firearms Officer for familiarization purposes. The
DLE Firearms Officer may request that firearms that do not meet the requirements of
the Division's policy be accepted for this purpose. A written request shall be
submitted to the Deputy or Assistant Director and shall explain in detail why the
firearm is needed. If the request is approved, the Firearms Officer is responsible for
ensuring that the proper court orders are obtained to transfer ownership of the
firearm to the DOJ. Any firearm that is accepted for this purpose shall be maintained
by the ATC in its armory.

c. Requests to place any acquired item, other than a firearm, into permanent state service
shall be directed, in writing, to the appropriate Bureau Chief. The request shall include a
description of the equipment, model and serial number, condition of the item, source and
location of the item, an estimated date to take legal possession of the item, and
recommendation as to the potential use of the item. If approved by the Bureau Chief, the
request should be forwarded to the programs purchasing staff to obtain DOJ and
Department of Finance (DOF) approval. All acquired items must be approved by the
DOF before they are put into use.

d. Gifts to the Division or an individual bureau require the approval of the Director, the
DOF, and the Department of General Services before they may be accepted. Refer to
DOJAM 11231, SAM 8634 and the DOFs website
(http://www.dof.ca.gov/fisa/bag/gifts) for complete gift acceptance procedures and
prohibitions.

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e. No person in their official capacity as a DOJ employee shall obtain or accept any item,
including weapons, for their personal use or ownership.

700.5.2 POOL EQUIPMENT


Each facility will maintain a pool of equipment for use by personnel. The pool may include radio,
optical, photographic, and any other equipment deemed necessary to carry out the functions of
the division.

Pool equipment shall be used properly, in the intended manner, and in accordance with
applicable laws, regulations, and/or policies. When an employee uses an item of pool
equipment, he/she is responsible for the security of that item until it is returned to the equipment
pool.

700.5.3 ATTRACTIVE EXPENDABLES


Each facility will maintain a supply of attractive expendables (i.e. batteries, film, etc.) for the use
of all employees.

700.5.4 INDIVIDUALLY ASSIGNED EQUIPMENT


When a sworn position is vacated or filled, the SAC is responsible for ensuring the agents
equipment, credit cards, and other related items are inventoried; that appropriate items are
retained, reissued, and/or returned to headquarters; and that all manual and automated files are
updated.

Whenever an employee transfers or separates, his/her equipment and credit card records shall
be reconciled against what has been issued as indicated on his/her Individually Assigned
Equipment Inventory form (JUS 1444). A package containing the signed JUS 1444, an Internal
Transfer of Location of Equipment form (JUS 111), the returned equipment (if any), and any
other supporting documentation for lost or damaged items shall be forwarded to bureau
headquarters within five days of the date of the equipment reconciliation. A copy shall also be
retained by the Property Controller, TFC, or person in charge of equipment for inventory control.

700.5.5 STANDARD COMPLEMENT OF EQUIPMENT


Each agent shall be issued a standard complement of safety, protective, and investigative
equipment. This equipment, which the agent is required to have available for duty at all times
and is authorized to retain when transferring within the Division, consists of the following:

a. Duty weapon/holster

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b. Web gear

c. Ballistic helmet

d. Ballistic vest

e. Handcuffs and case

f. Flex cuffs

g. Raid cap

h. Raid jacket

i. Badge with holder

j. Credentials

k. ASP baton with holder

l. Binoculars

m. Camera

n. Tactical uniform pants, shirts (long- and short-sleeved) and boots

o. Hearing protectors

p. Mesh jersey

q. Equipment bag

r. Cell phone

s. Personal Trauma Kit (PTK)

t. Clip-on DOJ identification card

u. Flashlight

v. Shooting glasses

w. Critical Incident Manual

x. Portable radio and charger (if assigned) (does not transfer with agent)

y. OC Aerosol canister and holder

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z. Tape recorder

aa. V-line home safe

ab. Foul weather jacket

ac. Two magazines for each handgun

Additional investigative and/or safety equipment may be issued to personnel assigned to


programs with specialized needs. This type of equipment remains with the facility when the
agent to whom it was assigned transfers to another location/bureau.

All DOJ-issued equipment shall be maintained by the personnel to whom the equipment is
assigned and shall be in proper working order at all times.

700.5.6 BUSINESS CARDS


Business cards should be made available only to those employees who need them as an
integral part of their job. Regional managers are responsible for determining which employees
should be supplied with business cards. The following three business cards are the only
business cards authorized for employees of this division:

a. The standard one-color, blue-ink business card printed by the Office of State Publishing
features the Department logo in the upper right hand corner and is available to all staff.

b. The business card printed by the DOJ Print Shop is the standard blue-ink business card
with the Department logo in gold. This business card is available to sworn and non-
sworn managers only.

c. The business card printed by the Association of Special Agents is available to all
members of that association, at the members own expense.

700.6 PROPERTY CONTROL


The regional manager is responsible for designating a property custodian, generally a Property
Controller or TFC, to perform for that office the duties specified in DOJAM 11221. The BMFEA
personnel responsible for purchasing are identified in the BMFEA Directory of Services, which is
available on the shared drive.

The property custodian must receive training and authorization from DAS to access the Asset
Management System (AMS), which is used to track and generate labels for all non-expendable
property valued at $500 or more, regardless of the method by which the property was acquired.
Instructions and procedures regarding property control and the use of AMS are found in DOJAM

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11200 et seq. and the AMS Property Custodian and Vehicle Coordinator Manual, which is
issued by DAS to each AMS user.

The property custodian shall maintain an accurate listing of all property for which he/she is
responsible. When property is acquired, the property custodian shall make the appropriate AMS
entries, properly label the item(s), add the item(s) to the offices inventory list, ensure that the
correct object code(s) have been used, ensure that the decal/asset and serial numbers are
recorded on the purchase order documents, and forward those documents to the DAS Accounts
Payable Unit.

700.6.1 INDIVIDUALLY ASSIGNED EQUIPMENT INVENTORY


When equipment is issued to an employee, the employees supervisor is required to complete a
JUS 1444. Each year thereafter, the supervisor shall inspect the serviceability and physically
inventory every item listed on the JUS 1444 during the employee's annual performance
appraisal. The driving records and license statuses for all DLE employees who drive state or
personal vehicles on official business shall be reviewed when the inventory is conducted. It is
the responsibility of the employee to initiate an update of the JUS 1444 form whenever the
employees assigned equipment changes. JUS 1444 forms shall be maintained by the property
controller, TFC, or person in charge of equipment.

700.6.2 REGIONAL OFFICE/LABORATORY EQUIPMENT INVENTORY


Each regional manager is responsible for ensuring that an equipment inventory is completed
and documented annually. The inventory shall include all equipment maintained by that regional
office/lab, including but not limited to IT equipment, furniture, investigative pool equipment,
equipment on loan from other sources, and state-owned pool equipment. This inventory
excludes employee-assigned equipment. The person conducting the inventory shall obtain a
copy of the inventory list(s) and/or files, and shall physically inspect each item listed to ensure
that the information is accurate. Inventory list(s) and/or files shall be updated upon completion of
the inventory. The results of this inventory shall be documented by memorandum via the chain
of command to the Bureau Chief by the person who conducted the inventory. The memorandum
shall include the date(s) of the inventory, the name of the individual who conducted the
inventory, any discrepancies found during the inventory, and the steps taken to resolve any
discrepancies.

Regional office and task force inventories shall also include all radio equipment, including
mobile radios, portable radios, sirens, body wire receivers, base stations, scanners, spare
batteries, and satellite phones. Radio equipment shall be listed separately from non-radio
equipment on the inventory list(s). The property custodian shall forward a copy of the
memorandum and annual radio equipment inventory list(s) to the RCU for verification.

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700.6.3 TASK FORCE EQUIPMENT INVENTORY
It is the responsibility of each TFC to ensure that an annual equipment inventory is completed
and documented. The inventory shall include all state and non-state equipment, and shall be
conducted in accordance with the guidelines set forth in 700.6.2. The results of this inventory
shall be documented by memorandum via the chain of command to the Bureau Chief by the
person(s) who conducted the inventory. The memorandum shall include the date(s) of the
inventory, who conducted the inventory, any discrepancies found during the inventory, and the
steps taken to resolve any discrepancies.

700.6.4 POOL EQUIPMENT SIGN-OUT LOG


A sign-out log shall be maintained for all non-expendable state-owned equipment pool items.
The log will include the DOJ decal number, a description of the item, the printed name and
signature of the employee receiving the item, the date taken, expected date of return, actual
date of return, and any comments. The log shall be retained for one calendar year from the date
of activity.

700.6.5 ATTRACTIVE EXPENDABLES SIGN-OUT LOG


A sign-out log shall be maintained for each office/labs supply of attractive expendables. The
log will include a description of the item(s), the printed name of the employee taking the item(s),
the date, and the quantity taken. The log shall be maintained for a period of one calendar year
from the date of activity.

700.6.6 ASSIGNED EQUIPMENT DURING EXTENDED ABSENCES


If an employee goes on leave (i.e., military, maternity, etc.) or 4800 time for 30 days or more, all
assigned equipment and credit cards, with the possible exception of employee credentials, duty
weapon and cell phone, shall be collected by the employee's Assistant Chief or regional
manager and reconciled against the employee's JUS 1444. The Assistant Chief or regional
manager shall note on the employee's JUS 1444 the date the items were collected, sign the
form, and provide a copy to the employee. The employee's equipment shall not be issued to
other personnel, but shall be maintained separately so that it can be reissued to the employee
upon his/her return.

An agents duty weapon, credentials and cell phone may remain in the possession of the agent
at the discretion of the Bureau Chief, taking into consideration the nature of the leave, the length
of the absence, and any physical limitations as they relate to the safety of the agent and the
public. An agent whose duty weapon is subject to collection under this policy may request an
extension of 14 days from the date he/she became aware that his/her absence would exceed 30
days. The purpose of this extension is to allow the agent time to purchase and/or qualify with an
off-duty weapon before the agent surrenders his/her duty weapon. Any request for an extension
shall be submitted in writing, via the chain of command, to the employees Bureau Chief.

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At such time as the employee returns to full-duty status, his/her equipment and credit cards
shall be reissued to him/her. A new JUS 1444 identifying all assigned equipment, including
credentials and badges, shall be completed when the equipment is reissued. Exceptions to this
policy require prior written approval by the appropriate Bureau Chief.

700.7 MAINTENANCE
It is the responsibility of regional management to ensure that all necessary maintenance and/or
calibration is performed on non-expendable equipment as required by the manufacturer and to
document that maintenance in the appropriate maintenance/repair log. An equipment
maintenance/repair log that lists the decal number, serial number, name of the item, date the
item was submitted for maintenance/repair, date the item was returned to service, and name of
the person performing or arranging for the work shall be maintained for each piece of non-
expendable equipment.

700.8 PROPERTY TRANSFER


Equipment may be transferred within the Department in accordance with this policy and DOJAM
11241 or to another State agency in accordance with 11242. Special conditions applicable
to the transfer of IT and radio equipment are as follows:

a. Contact the Technical Assistance Center (TAC) (by telephone at 1-866-775-4400 or by


sending an email to TAC@doj.ca.gov) prior to relocating or loaning IT equipment.

1. If the IT equipment is relocated within a unit or work area no paperwork is required.

2. If the IT equipment is being transferred to another unit or location, a JUS 111 must
be completed and forwarded to the DOJ Property Controller with a copy to the
DCJIS/HDC IT Support Unit.

3. If the IT equipment is being loaned to another division, bureau or task force, a written
agreement is required. The written agreement shall include the names of both the
loaning and receiving units along with the make, model, serial number, and DOJ
decal number of the equipment being loaned. The reason for the loan, date the loan
will begin, and approximate date of return shall be clearly stated and agreed upon by
both parties. The signed agreement shall be forwarded to the DLE IT Coordinator
along with a Hawkins Data Center Service Request form (JUS 350A). The
Coordinator shall forward copies of these documents to DAS.

b. The RCU handles all transfers, both permanent and temporary, of radio equipment.

1. A request to exchange a mobile radio or siren may be made by the DGS local area
radio technician. The RCU will provide the necessary equipment.

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2. The RCU maintains an inventory of surplus radio equipment that can be used for
temporary loans for emergency or special operational needs. A formal written
request shall be submitted via the chain of command to the Office of the Director.

3. When an agent position becomes vacant, the portable radio equipment shall be
returned to the RCU.

4. Requests to permanently transfer radio equipment shall be submitted via the chain of
command to the Office of the Director. The transferring and receiving units shall
comply with DOJAM 11241. A transfer shall be considered incomplete if any of the
items considered part of the radio equipment (i.e., microphones or control heads) are
missing. The involved units assume responsibility for receiving and shipping all parts
and equipment. Replacement costs for missing parts will be billed to the unit that
shipped the equipment.

700.8.1 INTRA-DIVISION PROPERTY TRANSFER


When property is transferred within the Division, an Internal Transfer of Location of Equipment
form (JUS 111) is required. It is the responsibility of the transferring Property Controller, TFC or
person in charge of equipment to ensure that the JUS 111 is completed and signed by both the
transferring office and the receiving office personnel.

In the event that an agent position allocation is permanently transferred to another DLE facility,
all equipment, including vehicle and radio, shall transfer with the position. Transfers of this
nature between bureaus shall be negotiated on a case-by-case basis subject to final approval
by the Bureau Chiefs.

700.8.2 INTRA-DIVISION EQUIPMENT LOAN


In special circumstances, a transferring employee may be authorized to take credit cards and/or
other equipment from the standard complement to his/her new assignment. These items shall
be considered "loaned" to the receiving facility. Loans of this nature shall be requested by
regional management and approved by the appropriate Bureau Chief in advance and
documented with a memorandum maintained in the equipment file. Monthly inquiries shall be
initiated by the regional manager or designee until the loaned equipment and/or credit cards are
returned, replaced, or appropriate paperwork is received to cancel the cards. The person
making the inquiries shall sign and date the memorandum each month when he/she completes
the inquiry.

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700.9 PROPERTY SURVEY
The only legal method to remove worn out, broken, lost, stolen, destroyed, obsolete, or surplus
property from the Departments inventory is through the survey process outlined in DOJAM
11250 and 11251. The survey process for vehicles is set forth in DOJAM 112113.

Regional offices and task forces are not authorized to survey radio equipment. If regional
management believes a radio equipment item may be subject to survey, the item shall be
inspected by the RCU to determine the condition of the equipment and the cost-effectiveness of
repair. If the RCU determines the radio equipment is irreparable or the cost of repair would be
excessive given the life expectancy of the equipment, the RCU will coordinate the survey
process. The RCU maintains documentation for surveyed radio equipment.

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702 Personal Communication Devices

702.1 PURPOSE AND SCOPE


The use of Department-issued personal communication devices is subject to the Departments
Telecommunications Systems and Services policy, found in DOJAM Section 6, Chapter 3 and
Administrative Bulletin 10-11.

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704 Vehicle Maintenance

704.1 PURPOSE AND SCOPE


Employees are responsible for assisting in maintaining department vehicles so that they are
properly equipped, properly maintained, properly refueled and present a clean appearance.

Regional management shall ensure that individually assigned vehicles and pool vehicles are
maintained in accordance with the requirements found on the Automobile Maintenance Record
form (STD 271), in the Office of Fleet Administration (OFA) State Fleet Handbook, and in the
DOJAM.

704.2 DEFECTIVE VEHICLES


When a Department vehicle becomes inoperative or in need of repair that affects the safety of
the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be
promptly completed by the employee who first becomes aware of the defective condition,
describing the correction needed. The paperwork shall be promptly forwarded to the employee
responsible for that facilitys vehicles so that he/she may arrange for repair.

704.2.1 VEHICLE SURVEY PROCEDURES


Vehicles may be surveyed if it is cost-effective to do so, but only with the approval of regional
management and in accordance with the procedures detailed in DOJAM 112113. The regional
manager shall send a memorandum to the Division Vehicle Coordinator listing the vehicles
year, make, model, asset number, E number, license plate number, ending mileage, and the
reason for survey. The Division Vehicle Coordinator will process the request. If the Department
and the DGS Fleet Inspector approve the survey request, the Division Vehicle Coordinator shall
forward the approved Property Survey Report form to the requesting office. The requesting
office shall contact the RCU to arrange to have the communication equipment
(radio/siren/alarm) removed from the vehicle. The requesting office must also remove the
vehicle license plates and send them to the DOJ Vehicle Coordinator. Once the communication
equipment and license plates have been removed, the vehicle shall be disposed of in
accordance with DOJAM 112113 and the OFA State Fleet Handbook.

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706 Vehicle Use
706.1 PURPOSE & SCOPE
The Department utilizes state-owned motor vehicles in a variety of applications operated by
Department personnel. In order to maintain a system of accountability and ensure state-owned
vehicles are used appropriately, regulations relating to the use of these vehicles have been
established. The term "state-owned" as used in this section also refers to any vehicle leased or
rented by the state.

706.2 USE OF VEHICLES


The use of state-owned vehicles by members of this division shall be in strict compliance with
applicable state laws, rules, and regulations. In addition to this policy, individuals using
Department vehicles shall adhere to all requirements included and incorporated by reference in
DOJAM 14500-14596.

Refer to the DOJAM for the Departments complete policies and procedures regarding vehicle
home storage, monthly mileage logs, accidents, maintenance and repair.

706.2.1 POOL VEHICLES


Pool vehicles may be used only in the conduct of State business, pursuant to Government Code
19993.1. Personnel assigned to routine scheduled field duties shall notify the appropriate staff
member for assignment of a pool vehicle. Each office/lab shall maintain a log to be used to sign
out pool vehicles. If the employee exchanges vehicles during the shift, the new vehicle number
shall be entered into the log.

The property controller or other employee responsible for that facilitys vehicles shall ensure the
pool vehicle log indicating personnel assignments and vehicle numbers is completed as
required and maintained for a minimum period of two years.

A Mileage Travel Log (STD 273) is stored in the glove box of each pool vehicle. When an
employee uses a pool vehicle, he/she shall make a full entry for that trip on the STD 273 in
accordance with DOJAM 14536. At the end of each month, the property controller or other
employee responsible for that facilitys vehicles shall ensure that each pool vehicles STD 273 is
processed according to the procedure outlined in 706.3. In the event a non-sworn pool vehicle
has been driven 18 or more days in a month, he/she shall promptly forward a scanned copy of
the STD 273 to the Division Vehicle Coordinator a scanned copy of the mileage log must be
attached to the vehicle record in AMS.

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706.2.3 UNDERCOVER VEHICLES
Unmarked units, if not assigned to an individual employee, shall not be used without first
obtaining approval from the respective unit supervisor.

706.2.5 AUTHORIZED PASSENGERS


Personnel operating Department-owned vehicles shall not permit persons other than State
employees or persons required to be conveyed in the performance of duty or as otherwise
authorized to ride as a passenger in their vehicle.

706.2.6 PARKING
State-owned vehicles should be parked in their assigned stalls. Individually-assigned vehicles
should be parked in a garage or private driveway, not on the street, while at the employee's
residence. If a vehicle containing a shoulder weapon is parked at an employees residence, the
vehicle shall be parked and the shoulder weapon secured in accordance with Policy Manual
432.9.

Personal and State equipment and other such items shall be locked in the trunk of the vehicle,
the doors shall be kept locked, and the alarm system shall be activated at all times when the
vehicle is unoccupied. Voyager cards shall not be left inside parked vehicles.

706.2.7 INSPECTIONS
The interior of any vehicle that has been used to transport any person other than an employee
should be inspected prior to placing another person in the vehicle and again after the person is
removed. This is to ensure that unauthorized items have not been left in the vehicle.

706.2.8 USE BY OTHER LAW ENFORCEMENT AGENCIES


The use of Department vehicles by members of other law enforcement agencies may be
authorized by regional management when all of the following criteria are met:

a. The use of the vehicle will be in conjunction with an investigation being conducted by the
DOJ or a regional task force.

b. The other agency has no vehicle available which will meet the needs of the investigation.

c. The use of the vehicle will be under the direction of DOJ personnel.

Such utilization of the vehicle shall be limited to actual investigative activities. Use for routine
administrative duties or work to home transportation is not authorized. Regional management

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shall ensure that all local agency drivers complete the state Monthly Travel Log (STD 273) and
that the monthly mileage is entered into the AMS by the seventh day of each month in
accordance with DOJAM 14536. Gas and oil purchased with DOJ credit cards shall be
purchased by DOJ personnel only.

In the event a non-DOJ operator is involved in a vehicle accident, regional management shall be
notified and, when feasible, will respond to the scene. They shall ensure reporting of the
accident in the prescribed manner.

Use of DOJ vehicles by other law enforcement agencies shall be kept to a minimum. Non-peace
officers are prohibited from driving vehicles equipped with undercover plates, mobile radios,
and/or sirens unless directed to do so by a SAC for specific purposes such as delivering the
vehicle to a repair facility when the vehicle is "out of service" as an enforcement vehicle.

706.3 ASSIGNED VEHICLE AGREEMENT


State-owned vehicles assigned to personnel for their use within their job assignment may be
used to transport the employee to and from their residence for work-related purposes.

Vehicles may be individually assigned to DLE personnel who meet one of the following criteria:

a. Special Agents, SASs and SACs with continuing field enforcement responsibilities
directly relating to investigation of actual or suspected violations of the law.

b. Sworn Assistant Bureau Chiefs and above.

c. Personnel who can justify actual need for an individually assigned vehicle as established
by the DOJAM 14534.

The assignment of vehicles is at the discretion of the Director. Assigned vehicles may be
changed at any time and/or permission to take home a vehicle may be withdrawn at any time.
Assigned vehicles remain with their respective regional offices/labs; when an employee
transfers, the assigned vehicle shall be returned to the regional manager for reissuance.

Personnel with assigned vehicles shall maintain the vehicles monthly STD 273 in accordance
with DOJAM 14536 and submit the completed STD 273 for supervisory review. The white
copy of the completed STD 273 log shall be turned in to the property controller for processing
no later than the fifth day of the month. The property controller or other individual responsible for
that facilitys vehicles shall enter the information from the STD 273 into AMS no later than the
seventh day of the month.

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706.3.1 VEHICLES SUBJECT TO INSPECTION
All State-owned vehicles are subject to inspection and or search at any time by a supervisor and
no employee assigned to or operating such vehicle shall be entitled to any expectation of
privacy with respect to the vehicle or its contents.

706.4 Not subject to disclosure due to agent safety concerns

706.4.1 KEYS
Personnel assigned a permanent vehicle shall be issued keys for their respective vehicle. The
loss of any assigned key shall be promptly reported in writing through the employees chain of
command.

706.6 MAINTENANCE
a. Each employee is responsible for the cleanliness (exterior and interior) and overall
maintenance of their assigned vehicle.

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b. Employees shall make daily inspections of their assigned vehicle for

service/maintenance requirements and damage.

c. Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to


employees under their command to ensure the vehicles are being maintained in
accordance with policy.

d. Routine maintenance and oil changes shall be done in accordance with the Automobile
Maintenance Record form (STD 271).

1. All maintenance will be coordinated by the property controller or other employee


responsible for the facilitys vehicles.

2. Vehicles requiring warranty service shall be taken to the nearest authorized dealer
after receiving clearance from a supervisor.

3. Each year, during the annual review of the individually assigned equipment inventory
and vehicle, the supervisor shall verify that the STD 271 for the assigned vehicle is
current and that all required maintenance has been performed. The supervisor shall
make a notation on the Individually Assigned Equipment Inventory form (JUS 1444)
indicating that the vehicle maintenance log is up to date.

706.6.1 ACCESSORIES AND/OR MODIFICATIONS


No modifications, additions or deletions of any equipment or accessories shall be made to the
vehicle without written permission from the Bureau Chief or designee.

706.6.2 RADIO EQUIPMENT REPAIR


The Property Controller or person in charge of equipment shall coordinate the repair of mobile
radio equipment, sirens, backflashes (rear warning lights) and vehicle alarm systems. A list of
DGS Radio Maintenance Shops (RMS) shall be provided to the employee to whom the vehicle
is assigned. The employee is responsible for making the appointment and bringing the vehicle
to the RMS. The RMS determines whether the equipment can be repaired. If necessary, the
RCU will provide replacement equipment to the RMS and the old equipment will be returned to
the RCU.

The Property Controller or person in charge of equipment shall notify the RCU if the newly-
installed equipment malfunctions and shall notify the Vehicle Coordinator if the vehicle is
damaged during the installation.

Each Property Controller or person in charge of equipment shall maintain no more than five red
lights for replacement purposes. When a red light is broken, a replacement red light shall be

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installed immediately and the broken red light shipped to the RCU. The RCU will repair the red
light or recommend replacement if it cannot be repaired.

706.7 ACCIDENT DAMAGE, ABUSE, AND MISUSE


DOJAM 14590 et seq., SAM 2430, and the OFA State Fleet Handbook set forth the
procedures to be followed when an employee is involved in an accident.

The employee involved in the collision shall complete the State's vehicle accident forms (STD
270 and STD 274) using the vehicles E number. If the employee is incapable, the supervisor
shall complete the forms.

Any damage to a vehicle that was not caused by a traffic collision shall be immediately reported
during the shift in which the damage was discovered, documented in memorandum format and
forwarded to the supervisor.

An administrative investigation will be conducted to determine if there is any vehicle abuse or


misuse. If it is determined that misuse or abuse was a result of negligent conduct or operation,
appropriate disciplinary action may result.

706.8 TOLL ROAD USAGE


Law enforcement vehicles are not routinely exempted from incurring toll road charges. Pursuant
to the nonrevenue policy of the toll roads, law enforcement agencies responding to an
emergency or incident on the toll roads, while on duty, are exempt from paying the toll.
Commuting, or returning after an emergency does not qualify for this exemption and personnel
using State owned vehicles are subject to the toll charge. To avoid unnecessary toll road
violation charges, all employees operating a State owned vehicle upon the toll road shall adhere
to the following:

a. All employees operating a State-owned vehicle for any reason other than an initial
response to an emergency shall stop and pay the appropriate toll charge. Employees
may submit for reimbursement from the State for any toll fees.

b. All employees passing through the toll plaza or booth during a response to an

emergency shall draft a memo to their respective SAC within five working days

explaining the circumstances.

706.9 TRAFFIC CITATIONS


Any employee who receives a driving or parking citation while operating a State vehicle shall
personally ensure that a proper disposition is made as soon as possible. The driver shall notify
his/her supervisor no later than 24 hours after receiving the citation.

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The supervisor shall notify his/her Bureau Chief via the chain of command no later than 24
hours after the supervisor was notified about the traffic citation. The Bureau Chief will notify the
Deputy or Assistant Director as soon as possible, but no later than 24 hours after he/she is
notified.

The employee shall personally pay the fine or appear in person at the designated place, or
request that an official letter of explanation be written for regional management's signature and
directed to the proper agency.

When the Division Vehicle Coordinator receives a letter from the DMV indicating that a citation
has been issued and a traffic bureau is seeking to identify an undercover license, the Division
Vehicle Coordinator shall send a memorandum to the driver of that vehicle. The driver shall be
required to submit a memorandum to his/her manager, with a copy to the Division Vehicle
Coordinator, explaining the reason the citation was issued and the reason it was not properly
cleared. This memorandum shall also document the final disposition of the citation.

706.10 VEHICLE COORDINATOR


The Division Vehicle Coordinator in the Office of the Director oversees the Divisions vehicle
fleet. In addition, regional management shall appoint a property controller or other employee to
be responsible for the following:

a. Maintaining the regional office/lab vehicle inventory.

b. Controlling and ensuring the maintenance of all pool, surveillance, and specialized
vehicles.

c. Coordinating vehicle surveys with the Division Vehicle Coordinator when needed.

d. Maintaining all required files relating to regional office/lab vehicles.

e. Providing input to bureau headquarters and the Division Vehicle Coordinator regarding
vehicle purchases.

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707 Exemplar Firearms

707.1 PURPOSE AND SCOPE


The purpose of this policy is to establish procedures for the acquisition, handling, storage and
destruction of exemplar firearms by the BOF. Exemplar firearms may be fired, examined,
compared to unidentified firearms, and used by BOF agents in reverse sting operations. This
policy does not apply to BFS exemplars, which are maintained in accordance with the BFS
Quality Management System.

707.1.1 DEFINITIONS
The following definitions are provided for the purposes of this policy:

Custodian - A BOF SAS chosen to maintain the integrity of an exemplar collection.

Exemplar - A firearm that is maintained in a reference collection for educational and


investigative purposes.

Firearm - Refers, in this policy only, to any firearm or firearm accessory, legal or clandestine,
original or improvised.

707.2 POLICY
The BOF is authorized to establish collections of exemplars that may be useful and relevant to
the mission of the BOF.

The custodian of an exemplar collection may expand the collection by retaining firearms that are
no longer needed as evidence, received from other law enforcement agencies, or voluntarily
surrendered by members of the public. If a firearm was seized pursuant to a court order, the
custodian must obtain a court order to retain the firearm as an exemplar. Exemplars should be
chosen based upon training needs and/or the individual firearms unique characteristic(s).

When a firearm is added to the exemplar collection, the custodian shall update AFS to reflect
that the firearm has been retained for official use, assign a unique identification number, and
attach a completed Evidence Identification Tag to the exemplar. As exemplars may be used in
reverse sting operations, they should not be visibly or permanently marked in any way; rather,
the identification number and any other markings or labels should be added to the Evidence
Identification Tag.

The custodian shall maintain a binder or other file containing a photograph, AFS printout,
identification number, and a copy of the court order (if any) for each exemplar in the collection.
When an exemplar is destroyed, AFS shall be updated to reflect the destruction and a copy of
the destruction order shall be placed in the file.

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In addition, the custodian shall maintain a paper or electronic log which shall include, but not be
limited to, as much of the following information as is available for each exemplar:

a. Identification number

b. Make

c. Model

d. Serial number, if applicable

e. Originating case number

f. Location in the vault

g. Date acquired

h. Date destroyed

707.3 STORAGE AND SECURITY


Exemplars shall be stored in a vault that meets the security criteria detailed in Policy Manual
379.8.4. Access to the vault shall be limited to the custodian and his/her SAC.

707.4 REMOVAL FROM THE VAULT


A sign-out log shall be kept in the exemplar vault. The following information is required
whenever an exemplar is removed from the building and/or the possession of the custodian:

a. Date removed

b. Date returned

c. Name and title of the person removing the exemplar

d. The exemplars make, model and assigned identification number

Before an exemplar may be removed from the vault for use in a reverse sting operation, the
SACs written approval must be obtained by the agent(s) wishing to use the exemplar and
provided to the custodian.

707.5 INVENTORY
The regional manager is responsible for ensuring that an inventory of the exemplar collection is
conducted annually. This may be incorporated into the annual equipment inventory required by
Policy Manual 700.6.2. If the exemplar inventory is conducted separately, the results shall be
documented in a memorandum submitted, via the chain of command, to the Bureau Chief by

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the person who conducted the inventory. The memorandum shall include the date(s) of the
inventory, the name of the individual who conducted the inventory, any discrepancies found
during the inventory, and the steps taken to resolve any discrepancies.

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Chapter 8 - Support Services

802 Communication Operations

802.1 PURPOSE AND SCOPE


The basic function of the communications system is to satisfy the immediate information needs
of the law enforcement agency in the course of its normal daily activities and during
emergencies. The latter situation places the greatest demands upon the communications
system and tests the capability of the system to fulfill its functions. Measures and standards of
performance are necessary to assess the effectiveness with which any department, large or
small, uses available information technology in fulfillment of its missions.

802.1.1 FCC COMPLIANCE


California Department of Justice radio operations shall be conducted in accordance with Federal
Communications Commission (FCC) procedures and guidelines.

802.1.2 RESPONSIBILITY
The Radio Communications Unit (RCU) establishes purchasing standards and maintenance
policies for, provides assistance with, and tracks all DLE radio equipment. Radio equipment is
any device that must comply with Federal Communications Commission specifications and/or
emits radio frequency energy. This includes, but is not limited to: portable radios, mobile radios,
scanners, body wire receivers, base stations, repeaters, consoles, satellite phones, vehicle
tracking transmitters, specialized video equipment, and any accessory that is integrated or
interfaced with the above mentioned radio equipment. Accessories include, but are not limited to
portable radio batteries, antennas, battery analyzers, siren systems, emergency warning light
systems, undercover audio systems, radio control switch boxes, vehicle alarm systems, and
hands-free cell phone kits.

802.3 RADIO COMMUNICATIONS


Operations are more efficient and officer safety is enhanced when dispatchers, supervisors, and
fellow agents know the status of agents, their locations and the nature of cases.

802.3.1 Not subject to disclosure due to agent safety concerns

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802.3.2 UNIT DESIGNATOR CUSTODIAN
The RCU shall be the custodian of the DOJ unit designator database and is responsible for:

Ensuring the unit designator database is kept current.

Disseminating the current list to the DOJ Command Center and other appropriate DOJ
personnel.

The Unit Designator Custodian is responsible for:

Issuing unit designators to sworn personnel.

Maintaining the unit designator list for their specific regional office.

Submitting a current unit designator list, via e-mail, to the RCU by the 5th of each month.

802.4 BASE STATION RADIO INSTALLATION


The RCU shall be informed during the planning stages of any new facilities that will require a
base station radio (regional offices, task forces, and regional laboratories). The RCU requires at
least six months prior to the planned operational date of the facility to accomplish the following:

a. Obtain a Federal Communications Commission license for the radio site.

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b. Ensure the lease agreement permits the installation of a radio antenna on the roof of the
facility.

c. Obtain a floor plan of the facility showing the location of radio operator's desk.

d. Provide DGS sufficient time to engineer and install the radio system.

802.5 PORTABLE RADIO REPAIR


The Property Controller or person in charge of equipment shall coordinate the repair of portable
radio equipment after contacting the RCU to determine what actions, if any, are required.

a. The entire radio must be shipped to the RCU for:

1. Erroneous display messages

2. Loose battery bracket

3. Weak or no transmission or reception

4. Broken radio case

5. Programming problems

6. Reassignment of radio to another DLE Facility

b. The radio need not be shipped to the RCU for:

1. Broken antenna

2. Lapel microphone and/or earphone malfunctions

3. Reassignment of radio within the same DLE facility

4. Battery problems, unless the battery:

a. No longer holds a charge

b. Is overheating

c. Case is broken

The RCU coordinates repair and tracking of portable batteries and/or accessories. If requested,
the RCU will supply a loaner radio, if one is available, to the DLE facility to be used while the
assigned radio is being repaired.

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804 Property and Evidence
804.1 PURPOSE AND SCOPE
This policy provides for the proper collection, storage, and security of evidence and other
property. Additionally, this policy provides for the protection of the chain of evidence and those
persons authorized to remove and/or destroy property.

804.2 DEFINITIONS

Property - Includes all items of evidence, items taken for safekeeping and found property.

Evidence - Includes items taken or recovered in the course of an investigation that may be
used in the prosecution of a case. This includes photographs and latent fingerprints.

Safekeeping - Includes the following types of property:

Property obtained by the Department for safekeeping such as a firearm.

Personal property of an arrestee not taken as evidence.

Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions
Code 5150 (mentally ill persons)).

Found Property - Includes property found by an employee or citizen that has no apparent
evidentiary value and where the owner cannot be readily identified or contacted. This type of
property shall be turned over to the local law enforcement agency having jurisdiction in the area.

Evidence Custodian - The Property Controller, Special Agent, or task force agent responsible
for recording and storing evidence seized by agents of a regional office or task force, including
chemical and drug samples, money, jewelry, and other easily converted items of value. The
SAC/TFC of every regional office and task force shall designate one Evidence Custodian and
one Alternate Evidence Custodian (Alternate). With the exception of Property Controllers,
probationary employees shall not be assigned as Evidence Custodians or Alternates.

Evidence Tracking Program - The program used by the regional office to log and track
evidence. For DLE personnel, this will be either the Evidence Automated Tracking System
(EATS) or the CIMS Evidence Tracking Application. BMFEA personnel utilize the BMFEA
Property Report form (MCF 015), which is scanned into ProLaw when completed; no other
tracking program is used.

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804.2.1 PROPERTY RECEIPT
The DLE Property Receipt form (DLE 234) is available on the Intranet. The BMFEA Property
Report carbon form (MCF 015) is available at each regional office. The pink copy of the MCF
015 serves as the property receipt.

a. Seized Property:

1. When property is seized, a property receipt (DLE 234 or MCF 015) must be
completed, signed, and a copy given to the person from whom the property was
taken or in whose possession the property was found. The receipt shall include
the investigation/matter number, date of activity, name of individual from whom
the property was seized, the address of that individual or the location from which
the property was seized, the evidence item number, a complete description of the
property (including serial number(s)), exact location where found, and the printed
name of the receiver. In addition, the receiver's signature, the printed name of the
witness and the witness' signature are required on the DLE 234.

2. If the property was taken from a vacant residence or otherwise unoccupied


structure, the copy of the property receipt shall be posted in plain sight on or near
an entryway to the structure.

3. At outdoor sites, such as rural clandestine laboratory or marijuana grow sites, the
property receipt shall be posted on a prominent landmark such as a tree or
wooden post at or near the access point to the site.

b. Released or Transferred Evidence:

1. A completed property receipt, as described above, is required every time


evidence seized by DLE or BMFEA personnel is released to another agency or
transferred from the custody of any DLE or BMFEA facility or task force office.
This includes circumstances when evidence used at a hearing is retained by the
court after the hearing is concluded.

2. A property receipt is also required when transferring evidence to a BFS


laboratory or any other criminalistics laboratory for analysis. It is the responsibility
of the releasing individual to furnish a copy of the property receipt to the
Evidence Custodian. The Evidence Custodian shall enter the information into the
evidence tracking program and the Chain of Custody sheets.

c. Distribution:

1. DLE 234

a. Each original DLE 234 shall be placed in the applicable investigation file.

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b. A copy of the DLE 234 for all released or transferred evidence shall be
given to the Evidence Custodian for placement in the Released or
Transferred Evidence File.

c. There are no exceptions to this policy.

2. MCF 015

a. The original (white) copy is maintained in the Evidence Control Log in the
evidence room. The reverse side is printed with the chain of custody.
Make a copy of the front page of the white copy and file with Return to
Search Warrant as a complete property seizure inventory.

b. The goldenrod carbon copy remains with the evidence or in the evidence
folder.

c. The pink carbon copy is used as the property receipt at the seizure site.

804.3 PROPERTY HANDLING


Each bureau is responsible for the storage of all evidence seized as a result of its investigations.
Each regional office shall have a secure evidence vault, defined as a space that meets the
requirements of Policy Manual 379.8.4.

Task forces that have custodial responsibility for their evidence, either on- or off-site, shall
comply with the requirements of this section. However, task forces may store evidence with
member agencies provided the agreement with the member agency is included in the MOU.
Upon accepting custody of the evidence, the member agency assumes responsibility for the
security and documentation of the evidence.

At the earliest practical time, but no later than five working days after its seizure, all evidence
shall be submitted to the evidence custodian for placement in the evidence vault. In the absence
of the evidence custodian, the evidence shall be placed in a secure temporary evidence locker.

Any employee who first comes into possession of any property, shall retain such property in
his/her possession until it is properly tagged and placed in the designated temporary evidence
locker or storage room along with the property form. Care shall be taken to maintain the chain of
custody for all evidence. Refer to Policy Manual 804.3.4 for alternative storage locations.

This section prohibits the storing of evidence, monies, firearms, found property, or seized assets
in desks, vehicles, personal lockers, etc.

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Where ownership can be established as to found property with no apparent evidentiary value,
such property may be released to the owner without the need for booking. The property form
must be completed to document the release of property not booked and the owner shall sign the
form acknowledging receipt of the item(s).

All documents requiring signatures shall include the individual's printed name and date. No
initials shall be used unless specifically authorized.

Each item of evidence shall be assigned an individual evidence item number in CIMS. The
number shall consist of the following:

A three-digit number which reflects the specific report number in which the evidence is
being documented.

A second number set (maximum 3 digits) which identifies the specific evidence item
number. These numbers shall be sequential.

An optional third column is available which will accept free text data. This field is limited
to three alpha or numeric characters. If nothing is entered in the third column, this will
remain blank in the CIMS report. For example, evidence item number 020-001-s would
be the first item of evidence which was documented in Investigation Report number 20.

Evidence shall be stored and handled as described in this section or in accordance with the
Clandestine Laboratory Manual of Instruction and Procedure. The Evidence Custodian shall not
accept any evidence item which has not been properly marked, packaged, and sealed as
required by this section.

804.3.1 PROPERTY PROCEDURE


Evidence should be packaged and stored as soon as practical. If the evidence custodian is not
available or there is not enough time to put the evidence into the evidence vault before going off
duty, the submitting employee shall store the evidence in a Temporary Evidence Locker. If the
evidence custodian is available to enter evidence into the vault and time allows, the following
guidelines shall be observed:

a. Complete the property form describing each item of property separately, listing all serial
numbers, owners name, finders name, and other identifying information or markings.

b. Mark each item of evidence with the seizing employees initials and the date seized
using the appropriate method so as not to deface or damage the value of the property.

c. Complete an evidence/property label and attach it to each package or envelope in which


the property is stored.

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d. The original property form shall be submitted with the case report. A copy shall be given
to the Evidence Custodian, who will verify that all evidence has been received before the
form is placed with the property in the evidence vault.

804.3.2 NARCOTICS AND DANGEROUS DRUGS


All narcotics and dangerous drugs shall be packaged separately. Paraphernalia as defined by
Health & Safety Code 11364 shall also be packaged separately.

The agent seizing the narcotics and/or dangerous drugs shall either place them in the
designated locker or submit them to the Evidence Custodian to be placed in the regional office
evidence vault.

All chemical samples taken at clandestine lab sites by laboratory personnel shall be issued
individual evidence item numbers, which will be detailed in the evidence section of the
appropriate investigative report. It is the responsibility of the reporting agent to physically
provide the Evidence Custodian or Alternate with a copy of the approved investigative report
which details the seizure and movement of the chemical samples taken at the clandestine lab
site. The Evidence Custodian or Alternate shall utilize the item numbers and the description
listed in the evidence section of the report to make the appropriate entries into the evidence
tracking program.

804.3.3 CHEMICALS AND CONTAMINATED OR EXPLOSIVE EVIDENCE


Chemicals, including samples, and contaminated or explosive evidence must be stored in
accordance with hazardous materials laws and local fire and health regulations. These types of
evidence shall not be stored in a temporary evidence locker or the evidence vault. Chemicals
may be stored for no more than two working days in a chemical locker approved by
the Occupational Safety and Health Administration (OSHA) and the National Fire Protection
Association (NFPA) before to being transported to a DLE-contracted permanent chemical
storage facility. These items shall be listed in the appropriate evidence tracking system. Offices
requiring an exception to the two working days retention requirement must obtain permission in
writing from the office of the respective Bureau Chief.

The Bomb Squad will be called to handle situations involving explosive devices and all such
devices will be released to them for disposal.

804.3.4 BIOLOGICAL EVIDENCE


A regional office or task force may occasionally need to store biological evidence (i.e. blood,
saliva, semen, bone, body tissue, etc.) on their own premises. These evidentiary items should
be properly packaged before they are accepted by the regional office or task force for storage.

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All biological materials, and all items that may have been contaminated by biological materials,
should be treated as biohazardous material and handled with universal precautions. Employees
are expected to comply with the safety standards found in 8 CCR 5193, which regulates
occupational handling and storage of blood and other potentially infectious materials.

The laboratory should be consulted for guidance on appropriate storage conditions. The
preferred storage condition for evidence with dried biological stains is frozen; however, there
may be circumstances which warrant different storage conditions (e.g. size or condition of the
item, circumstances of the case, etc.). Evidence with wet biological stains should be dried first,
then properly packaged and frozen. Regional offices and task forces that store biological
evidence shall have a secured, locked refrigerator and/or freezer, as needed, in the evidence
vault that is designated for the sole purpose of storing biological evidence. Any refrigerator or
freezer used to store biological evidence, and all evidence containers stored therein, shall be
clearly labeled in accordance with 8 CCR 5193(g)(1)(A).

Biological evidence that is secured in connection with a case must be retained, in a condition
suitable for DNA testing, for as long as any person is incarcerated in connection with that case
or until the conditions for early disposal set forth in Penal Code 1417.9 are met. The BFS
laboratory should be consulted to determine when biological evidence can be destroyed, and
the evidence shall be transferred to the laboratory for destruction.

Refer to the BFS Physical Evidence Bulletins for biological evidence for additional information
regarding the collection, packaging and storage of biological evidence.

804.3.5 STORAGE LOCATIONS


a. Temporary Evidence Lockers:

1. The submitting agent shall ensure that evidence is not kept in a temporary evidence
locker for more that 72 hours. The SAC/TFC may extend this requirement to a
maximum of five (5) days. This shall be documented on the Temporary Evidence
Locker Tracking Log (DLE 210).

2. The submitting agent shall complete a DLE 210 for each investigation in which
evidence is stored in a temporary evidence locker. The submitting agent shall sign
each log entry. Evidence from the previous investigation shall be transferred to the
evidence custodian before storing evidence from another investigation. The DLE 210
shall be maintained on the exterior of the temporary evidence locker while the locker
is in use and shall include the following information:

a. Investigation number and name.

b. Submitting agent's name.

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c. Evidence item number(s) and description.

d. Dates/times put in/taken out of locker.

e. Submitting agent's signature.

f. SACs signature for time extension, if applicable.

g. Date given to evidence custodian and his/her signature. When the evidence is
submitted to the evidence custodian, he/she shall file the DLE 210 in the
Temporary Evidence Locker Tracking Log file.

3. The temporary evidence locker key shall be retained by the submitting agent until
he/she and the evidence custodian jointly review the evidence. Never, under any
circumstances, shall the evidence custodian have a key to a temporary evidence
locker. The master key(s) shall be kept in the SAC/TFC's safe for emergency
access.

4. The evidence custodian shall enter all information into the evidence tracking program
and print a copy of the evidence log and chain of custody sheet. The evidence
custodian shall place the evidence into the evidence vault.

5. The evidence custodian is not responsible for evidence placed in a temporary


evidence locker. His/her responsibility begins when the evidence is placed in a
container in accordance with Policy Manual 804.3.4(b) and accepted for placement
in the evidence vault.

6. The evidence custodian shall not accept any evidence item which has not been
properly marked, packaged, and sealed as required by this section.

b. Evidence Vault:

1. Each regional office shall have a secure evidence vault as detailed in Policy Manual
379.8.4.

2. If a task force does not have such a vault, an outside storage locker may be used.
The outside storage locker shall be equipped with an alarm system and security
cameras that allow a complete view of the locker.

3. Evidence vaults and outside storage lockers shall be accessed using the two-person
access rule described in Policy Manual 379.1.1.

c. SAC/TFC Safe:

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1. Small property items such as jewelry, artwork and other items that are easily
converted to currency may be stored in the regional/task force office SAC/TFCs
safe.

a. These items shall be documented in the safe log, photographed, and entered into
the evidence tracking program.

b. The safe log shall be a bound ledger that reflects the date seized, date received,
from whom received, investigation number, investigation title/ defendant's name,
evidence item number, description/amount, date released by the SAC/TFC,
name of the recipient, and disposition. All entries shall be made in black or blue
ink.

804.3.6 RECOVERED INVESTIGATIVE FUNDS


The unsealed container containing the recovered investigative funds shall be submitted to the
SAC or the TFC accompanied by a Recovered Money Receipt (RMR) (JUS 806). Under no
circumstances shall funds be placed in an evidence container with other types of evidence.

Upon receipt of the funds, the SAC or TFC will count the funds, check the serial numbers of the
funds against the list of pre-recorded serial numbers or photocopies, seal the evidence
container, and sign and date the container in the presence of the submitting agent.

The RMR shall be signed by the SAC or TFC and copies shall be distributed in accordance with
the instructions on the RMR. The funds shall be maintained in the SAC's or TFC's safe. An entry
shall be made listing the recovered funds in the Safe Log, the evidence tracking program, and
the RMR log. Details regarding the seizure and submission of the funds shall be included in the
required DLE or task force investigation report. When the investigation is adjudicated, the funds
shall be disposed of in accordance with instructions printed on the back of the RMR.

When investigative funds from any other law enforcement agency are recovered during an
investigation, the seizing agent shall adhere to the above procedures with the following
exceptions:

a. The other agency will be notified in addition to the SAC or TFC.

b. The serial numbers of the seized funds will be checked against the other agency's list of
pre-recorded serial numbers.

c. The funds shall be maintained in the SAC's or TFC's safe only until the funds can be
returned to the appropriate agency pursuant to applicable laws.

d. When the funds are returned to the other agency, a DLE 234 shall be completed, signed
by the receiving person, and distributed as required by Policy Manual 804.2.1.

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804.4 PACKAGING OF PROPERTY
Certain items require special consideration and shall be packaged separately as follows:

a. Narcotics and dangerous drugs

b. Firearms (ensure they are unloaded and packaged separately from ammunition)

c. Property with more than one known owner

d. Paraphernalia as described in Health & Safety Code 11364 and Business and

Profession Code 4140

e. Fireworks

f. Contraband

804.4.1 PACKAGING CONTAINER


Employees shall package all property, except narcotics and dangerous drugs, in a suitable
container available for its size. Knife boxes should be used to package knives, and syringe
tubes should be used to package syringes and needles. Paper evidence shall be packaged in
clear, sealable plastic evidence bags issued by the Department.

An evidence label shall be securely attached to the outside of all items or group of items
packaged together. In most cases, a DLE-issued, self-adhesive, pre-formatted label (produced
by the Office of State Publishing) should be affixed to the container or item. Items such as
firearms, large scales, computers, appliances, suitcases, etc. that do not fit into standard
containers shall have a fully completed Evidence Identification Tag (BNE 1052) or label affixed
to them. The tag/label shall be affixed so it can be easily read.

The following information shall be included on each evidence container or label:

Investigation number

Name of case agent

Name of subject(s)

Name of submitting agent

Date of seizure

Location/address of seizure

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County of jurisdiction

Type of seizure (search warrant or no-search warrant)

Evidence item numbers

Detailed description of evidence

Chain of custody

Date given to evidence custodian

Task forces that book evidence into allied/member agencies shall follow that agencys evidence
procedures.

804.4.2 PACKAGING CONTROLLED SUBSTANCES


The agent seizing narcotics and dangerous drugs shall retain such property in their possession
until it is properly weighed, packaged, labeled, and placed in the designated evidence locker.
Prior to packaging and if the quantity allows, a presumptive test should be made on all
suspected narcotics. If conducted, the results of this test shall be included in the agents report.

Controlled substances, with the exception of marijuana, shall be sealed in plastic, Kapak-type
bags prior to being stored in evidence containers. Marijuana shall be packaged and sealed in
paper envelopes or bags of appropriate size. Narcotics and dangerous drugs shall not be
packaged with other property. A completed evidence label shall be attached to the outside of
the container. The chain of evidence shall be recorded on this label.

804.4.3 FIREARMS
All firearms shall be unloaded prior to being submitted to the Evidence Custodian. It is the
responsibility of both the submitting agent and the Evidence Custodian to ensure that the
firearm is unloaded and the zip-tie device is used to render the firearm inoperable.

Any ammunition seized with the firearm shall be placed in a separate container and labeled in
compliance with Policy Manual 804.4.1. The location of the ammunition shall be noted in part
12 (Comments) of the Evidence Identification Tag (BNE 1052) affixed to the source firearm.
Each container of ammunition shall have a fully completed, DLE-issued, self-adhesive, pre-
formatted label affixed to it. The label shall identify the location of the source firearm. The
ammunition container shall be clearly marked as such and stored in a cool, dry location. The
Evidence Custodian shall place the unloaded firearm and ammunition in the firearms portion of
the evidence vault.

a. Identification, Tagging and CLETS/NCIC Checks:

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1. Firearms which are seized shall be marked for identification and have a fully
completed Evidence Identification Tag (BNE 1052) attached. The firearms shall be
checked by the case agent through CLETS and NCIC for status. If a firearm is found
to be stolen, this information should be indicated in part 12 (Comments) of the BNE
1052 and entered into the appropriate automated system noting the reporting
agency's name and investigation number.

2. The agent running the CLETS/NCIC check will note on the BNE 1052 that a
CLETS/NCIC check was made and the results of that check. The name of the person
who conducted the check and the date of the check should be indicated in part 12
(Comments) of the BNE 1052. The status of the seized weapon(s) shall be included
in the investigation report, either in the details or in the evidence list. A copy of the
CLETS/NCIC printout shall be given to the Evidence Custodian who shall write the
investigation number and the assigned evidence item number on the copy, and place
the printout in the Firearm NCIC/CLETS/AFS File. The case agent shall place the
original printout in the investigation file.

3. The evidence custodian shall run another CLETS/NCIC status check of the firearm
prior to its disposal to determine if the firearm was reported stolen subsequent to its
seizure. The results of this check shall be indicated in part 12 (Comments) of the
BNE 1052, along with the date of the check, and the name of the person who
performed the check. The original copy of this CLETS/NCIC printout shall be placed
in the investigation file and a copy retained by the Evidence Custodian for placement
in the Firearm NCIC/CLETS/AFS File.

b. Automated Systems Data Entry:

1. All seized firearms shall be entered in the CLETS AFS as seized. Any seized
firearm identified as stolen shall be entered in CLETS AFS as "located." Copies of
the CLETS printout and the agency notification shall be placed in the investigation
file and copies given to the Evidence Custodian for placement in the Firearm
NCIC/CLETS/AFS File.

2. Evidence custodians shall enter the firearms information into the evidence tracking
program, indexing types of weapons and serial numbers and indicating whether the
firearms were stolen.

c. Local Agency Notification:

1. The case agent will ensure that the reporting agency is notified, by letter or teletype,
that the stolen firearm has been recovered. The notification shall include the name of
the case agent, investigation number, evidence item number, date of seizure, and a
contact telephone number.

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804.4.5 DISPOSITION OF SEIZED FIREARMS
Seized firearms shall not be sold or traded. Seized firearms must be returned to the rightful
owner or designee, destroyed, or retained for official use by the DLE. This policy also applies to
weapons seized pursuant to asset forfeiture. When seized firearms are no longer required as
evidence, and upon receipt of a court order in the case of any firearm(s) that were seized
pursuant to a court order, regional management shall ensure that the following steps are taken:

a. If the firearm was reported stolen, return it to the reporting agency. The Evidence Control
Log and chain of custody sheets shall note the agency receiving the firearm(s) as well as
the date and time of such delivery. This notation shall also include the name, title, and
employing agency of the person receiving the item(s). Upon delivery, a DLE 234 shall be
prepared and signed. The DLE 234 shall be handled as required by Policy Manual
804.8.

b. If the seized firearm is personal property, comply with Policy Manual 804.4.6, or
destroy the firearm in compliance with Policy Manual 804.5.4 if it cannot be returned.

c. Dispose of firearms at least twice annually or more frequently if needed to decrease the
inventory of firearms. The Evidence Control Log and Chain of Custody sheets shall be
updated with the date of destruction, stamped "destroyed," and the entry shall be signed
by the Evidence Custodian.

d. If the firearm meets the requirements of Policy Manual 312.2.1, the firearm may be
retained by DLE. If so, the requesting regional manager or DLE Firearms Officer shall
comply with Policy Manual 700.5.1. The original court order, if any, shall be placed in
the investigation file and a copy of the court order given to the Evidence Custodian for
placement in the evidence vault file.

e. All destroyed or retained firearms shall be entered accordingly into the CLETS AFS
system by the Evidence Custodian. A copy of the CLETS AFS printout showing this
information shall be placed in the investigation file and a copy retained by the Evidence
Custodian for placement in the Firearm NCIC/CLETS/AFS file.

804.4.6 RETURN OF SEIZED FIREARMS TO PRIVATE INDIVIDUALS


When a private individual requests the return of a seized firearm, the SAC or TFC shall ensure
the following procedures are implemented prior to the release of the firearm:

a. The status of the firearm(s) shall be checked as required by Policy Manual 804.4.3.

b. The requestor shall be required to present a court order and documentation of


ownership (i.e., sales receipt, bill of sale, notarized document relinquishing ownership of
the firearm to him/her, etc.) that supports his/her claim to the firearm.

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c. The firearm shall not be released unless the requestor has been cleared by the BOF.
However, it is not necessary to obtain a clearance from the BOF to deny the return of a
firearm if there is confirmed information that the requestor is prohibited from possessing
a firearm. Letters issued by the BOF notifying persons they are prohibited from
possessing firearms will not have the gold Attorney General seal affixed to the face of
the denial letter. The BOF will send copies of the prohibition letter to custodial agencies
to retain in case files.

d. The requestor shall be directed to contact the BOF for an eligibility check. Instructions
and forms for obtaining a check can be obtained from the BOF web site:
http://ag.ca.gov/firearms/. After completing its check, the BOF will send the requestor a
letter that states whether any information has been found that prohibits him/her from
possessing a firearm.

e. If the BOF finds that the requestor is prohibited from possessing a firearm, the firearm
shall not be released to the requestor. When the firearm cannot be returned, the firearm
shall be disposed of as required by Policy Manual 804.5.2 or 804.4.4.

f. If the requestor is not prohibited from possessing a firearm and no other information is
developed prohibiting return of the firearm, the firearm may be released to the requestor.
This shall not occur until the requestor submits the original copy of the BOF letter affixed
with the gold Attorney General seal, required court order, and documentation of
ownership. The requestor shall also be required to show a valid identification (with
photograph) of which a copy shall be made. A DLE 234 shall be completed, signed by
the releasing DLE employee, a DLE witness, and the person receiving the firearm. The
original DLE 234 and the original BOF letter with the gold seal, court order,
documentation of ownership and identification shall be placed in the investigation file.
Copies of these documents shall also be given to the Evidence Custodian who shall
place them in the Evidence Release File and update the evidence tracking program and
chain of custody.

804.4.7 DISPOSITION OF STOLEN PROPERTY


When agents, working with local law enforcement agencies, find property which has been
reported stolen, the property shall be seized by the local law enforcement agency unless the
property is evidence in support of an investigation. If no local agency is present and the property
is seized by an agent, the property shall be treated as evidence and handled in c